sole child custody?

Question

My X Husband has not been in my childs life since he was 7 months old and I was wondering how I can have his last name switched to mine and also if anything were to happen to me to make sure his family who's had no contact can't come in and take him away from my family. I'm remarried but, my husband is not ready to adopt him at this time. Is there anything I can do?? My son is 12 years old and the only father figure he knows is my current husband who's been in his life for the last 9 years. I can't force my husband to adopt him but, I want to make sure that if I get sick that my x can't step in since my husband has no legal rights. ? right??

Answer 1

Write up a will, darling. In that will, name who you want to be your child's legal guardian in the event something happens to you. A will cannot be overturned; it has to be honored by the courts.

As for your son's last name, you should be able to file some sort of petition of name change in the courts. It might cost you some money, though.

Also, why wouldnt your current husband want to adopt your son? Do you two have children together now? He's being prejudicial if you do. I'd question his motives, if I were you.

Answer 2

Check with a lawyer in your state, but I think that unless your ex signs away his parental rights, he can come in at any time and demand to see your son - his parents may be able to do the same thing. You say your husband has been your son's father-figure for the last 9 years but isn't ready to adopt him? If and when that time comes, you still may need to get your ex's okay.

Answer 3

How does your son feel about changing his last name at the age of 12? Think of the child and not yourself or issues with your ex.

Answer 4

As far as I know, even if you have a will, the child's father would have the right to take him.