Legal Question in Family Law in Florida

I just gave birth to my son. I was raped and besides the rapist, who is unknown, there is one other potential father. He told me that he filed paperwork to have a court ordered dna test and that if he is the father that he will make me change my sons name. My son has my last name but the potential father says he wants my son to have his full name. The potential father is a 3rd generation and wants my son to be a 4th. Can he do that or can a judge force me to make my son a 4th generation? Or is it only the last name that can be changed if he is the father. Also, he isn't on the birth certificate.

Asked on 5/28/15, 11:37 pm

3 Answers from Attorneys

John Smitten Carey and Leisure

He has no rights until such time as he goes to court to establish his parental rights.

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Answered on 5/29/15, 3:16 am
Robert McCall Law Office of Robert McCall

If you were single at the time of conception no male has any interest in the child. Only a court can establish by a paternity action. You can choose any name you desire.

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Answered on 5/29/15, 6:34 am
Lucreita Becude Lucreita D. Becude, P.A.

He can not force you to change the child's name. If he wishes to establish paternity - then he must file a Petition for Paternity with the court and ask for the DNA testing. Since you were not married at the time of birth, he really has no rights since he is not even on the birth certificate. If it is established that he is the father, then he would have to Petition the court for a name change and you would have to defend why you do not wish for the child's name to be changed.

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Answered on 5/29/15, 9:08 am

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