Baby's name is up to mom

GRAND RAPIDS, Mich. (WOTV) - More couples are having children without the benefit of marriage than they did when our parents were parents.  One of the questions this brings about is who gets to name the baby.  While picking out baby's name is an important and fun event, I am talking about the baby's surname, not it's first name.  If there is no marriage, who gets to decide the last name? 

"If there is an admission of parentage by both parties and they are in agreement on naming their baby, they may choose the surname they prefer.  However, if there is no acknowledgement of paternity, determining the surname of a child whose parents ar" not married falls solely to the mother except in certain circumstances, according to Matt Burns, DAWN attorney.   "Mom can choose to have her baby use her last name or she can use the last name of the father, her choice.  However, if there is a dispute between the couple and dad decides he wants to acknowledge paternity, he must petition the court.  The court then decides which surname is in the best interest of the child.  Once dad is acknowledged as the parent he must be aware that he is also accepting that he will contribute to the support of the baby and will likely have to pay child support. As a parent, dad can also ask for physical or legal custody and visitation of his child."

The bottom line is that the choice is mom's unless dad is willing to declare his paternity and support his child.  After all, the courts are interested in what is best for the child and that is having parents who not only give it a loving home, but are willing to support it until age 18.

Nothing herein constitutes a legal opinion