If Idon’t wantmy child’sfather’s name on the birth certificate, do I have the right?

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If Idon’t wantmy child’sfather’s name on the birth certificate, do I have the right?

I’m married but my husband moved all of his personal belongings out of the house and basically left me a week before he deployed. I am pregnant but I choose to no-longer be with him and am planning on getting a divorce. I don’t want the fathers name on the birth certificate because I feel the way he acted before he left it would be better for the child to be away from the father. Do I have the rights to have only my name one the birth certificate if we’re still legally married?

Asked on February 24, 2011 under Family Law, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband - the baby's Father  - has the same legal rights as you, the baby's Mother.  You can not keep his name off the birth certificate any more than he can keep your name off of it.  I can understand how upset you must be and what an awful situation you feel it is now.  But it has no bearing on his rights as a father.  I would suggest that you seek some help from an attorney to make sure that you and the baby receive the necessary benefits and support to which you are entitled.  You need to make sure that you and the baby are taken care of.  Good luck to you.


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