Chipley, FL asked in Child Custody, Child Support and Divorce for Alabama

Q: Can I give my child my husbands last name without giving him rights to my child?

I’m married and my husband IS the father but he left after I got pregnant and has done nothing to provide for my unborn child. I would like to still give my baby his last name but I don’t want my husband on the birth certificate since he’s put in no effort to help me during my pregnancy. He’s continuously cheated on me, he tells me he can’t get things ready for our son “in his current situation” we aren’t living together and haven’t been since my second trimester and he tells me he doesn’t want a dna test but has let his family believe he does so I was gonna make him put in the time and effort to go to a court and get rights since he won’t be on the birth certificate. But i’d like to know if I have to give him my last name or if he’ll have rights anyway because we’re married if there is no evidence he’s my sons father. Thank you

1 Lawyer Answer
Hayden Glass Sizemore
Hayden Glass Sizemore
  • Montgomery, AL
  • Licensed in Alabama

A: If you are married, your husband is the child's presumed father in Alabama. Parents can ordinarily name their children whatever they would like; however, the law presumes that he is the father of the child because the two of you are married.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.