Legal Question in Family Law in Ohio
Baby's Last Name when Parents aren't Married
If I have a baby and am not married to the father can I choose to use my last name and not the father's?
If I don't use his last name is he free from having to pay child support?
Thank you for your time
2 Answers from Attorneys
Re: Baby's Last Name when Parents aren't Married
I believe that the mother has the discretion to give her child whatever last name she chooses. A father, if conclusively proven, is not relieved from paying child support just because the child does not have his last name.
Re: Baby's Last Name when Parents aren't Married
If you are not married, the mother can choose whatever name you choose. The father(if paternity is established) may ask to change the baby's last name to his. He will have to show best interests of the child to succeed. Once paternity is established, the father is not forgiven from child support.