My daughter gave the baby the father's last name. If he gets mad and pushes for custody what is his chances.

snowwillow20

It doesn't matter if the child has his last name or yours, he has the same rights as your daughter once paternity has been determined.

tish

regardless of the name...he still has to establish paternity, petition for custody and be found to the better parent.

seriously, his name has little power, in the grand scheme of things. it's merely an identity for the child..but legally, not so much.

raina_vissora

It would depend on how good his lawyer is. There's always a chance that the father COULD get full custody if he can make the mother look bad enough (or if the mother really is unfit, obviously). And he's still entitled to certain custodial rights under the law because he's the father, even if they're not married.

Does he have a criminal record regarding the domestic violence? If not, it would come down to her word against his.

Independ"ant"

Putting him on the birth certificate makes it a bit easier but nothing significant.

If you have documentation of the abuse(police calls, witnesses,etc) it will help prevent him from getting custody especially if he currently isn't getting treatment for it.

The courts sometimes allow supervised visits if the abuse is proven and he's getting treatment.

It doesn't matter that she lives with you and that you support her. As long as the child is being supported properly the issue is moot.
Think of how many couples are living off of their wealthy parents.

Call an attorney.

sam22254

I think that is great your daughter gave her child the father's name that way the child know who his or her father is. Most courts won't give the child to the father no matter what. Drugs the mother just goes into rehad and gets the child back. So with this man having 2 other children and don't have custody don't mean he's unfit and don't forget your daughter chose this man to be the father. Now do the right thing and file for child support he needs to support his child but this will also give him the right to be a father to the child.
In most states the child will not be able to spend the night away from home until 3of age. My son went through this and when his daughter turn 3 he got over night visits. (it took forever to convince his daughter you don't sit in the closet when your in time out) The mother loves the 500 a month child support he pays. This is why everytime she calls and says come get her he jumps.
So don't worry and injoy your grandchild.

CEE W

Giving the baby his last name, isn't the problem.

Even if she hadn't it is easy to prove or disprove paternity. If he has been abusive more and more states, are considering that more seriously when visitation and custody issues arise.
Particularly, if the abuse was documented through police reports and that sort of thing.

It doesn't sound like Prince Charming would even want to prove his paternity and pay child support, much less seek custody and without doing that much he can't do the other.

If you can manage without his economic support and it sounds like you have been doing that, it seems unlikely he'll seek visitation or custody. His type is far more likely to do that at the point where he is being expected to pay child support. At some point if you do need economic help, his failure to be involved up to that point would make it hard for him to suddenly start arguing for custody.

I would just make sure that you get outside documentation of it if he starts harassing you or your daughter. I wouldn't be concerned about the baby's name, since again, because they are not married, without a paternity test and a finding by a court that he is the father, he can't seek custody.

I hope your daughter doesn't marry him at any point along the way, because then it would be even harder to keep herself and her son safe and in the event of a divorce, she'd have to prove that he wasn't fit to have joint custody if he wanted it.
Right now she's in a relatively good position to keep him at bay.

Love!

If he has a criminal history of abuse and no job, he is unlikely to get full custody.

Randy B

As the biological father he would have the "right" to go for custody if he wanted regardless of whether or not the child had his last name. I don't believe it gives him any more of a stronger "claim" to the child. Now, to go for custody he would have to show that he is a better parent then your daughter but that doesn't mean he can't go for visitation rights and shared custody, again, regardless of whether or not the child had his last name.

makswf

slim to none......if he has a criminal record ....hes screwed.....as long as your daughter takes good care of the baby and has a plan for the future the baby will stay with her

momof3boys

He would have to prove her unfit before he would have a chance. As long as she makes sure the baby is cared for properly and doesn't do anything like go out partying all the time or doing drugs or anything like that she shouldn't have anything to worry about. He could get visitations though.

Pookernuts

Slim to none, espically if he doesn't have custody of his other kids.

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