I have a 3 year old son. His so called father has not had anything to do with him since he was 6 months. I wasnt married to him. I dont want my son to have his last name anymore. He doesnt pay child support. Theres no court papers saying he has too. I think my son is better off without his money. He got a 16 year old knocked up. What would I have to do to get him to give up his rights? Please I need someones help..
2007-02-05 14:56:58 · 17 answers · asked by Anonymous in Family & Relationships ➔ Family
If all you want to do is change his name, you may be able to do that legally anyway. I'm not sure if he would have to sign documentation to make that happen or not. If he's not involved and you don't want him to be involved, nor do you want child support from him, it seems like you can just keep him away... lawyer's fees wouldn't be cheap to take him to court. And by the way it sounds, if he tried to take you to court for anything, you would have a stronger case than him in any fight.
But if it's something you really want, visit a lawyer or some sort of social worker and find out what options you have. I don't think parents can just do that unless they are giving a child up for adoption, which in this case he isn't.
Good luck.
2007-02-05 15:11:03 · answer #1 · answered by aeshamali 3 · 0⤊ 0⤋
Check your state laws. In some states, even if there are no papers he is still obliged. Lack of paternal interest can also be grounds for involuntary termination. I am also assuming that he is over the age over 18? If so, getting a 16 year old pregnant makes him a sex offender- and in all fifty states, that pretty much assures you an easy time of getting his rights terminated. What you need to do is get a lawyer, explain your situation. The birth father will need to be notified of the proceeding at his address or workplace, if you know it. If you do not, then posting a summons in the newspaper of the city you think he's in(or has connections too) can be adequate.
2007-02-05 15:08:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You would need to get married and have your new husband adopt your son. If you want to change his name all you have to do is go to your county set in the area you live in and get the paperwork from the clerk's office. It is a simple process when you've never been married. You will get papers in the mail to go to court and the deadbeat won't show (trust me- he'll be scared he'll end up paying child support) You will be in front of a judge for all of five minutes and you don't need an attorney.
Been there done that.
2007-02-05 15:01:53 · answer #3 · answered by McKenzieT 2 · 0⤊ 0⤋
Unless he signed something in the hospital when you had your son that stated he accepted responsibility/paternity as his father, then you should just petition the court for a name change for your son. If there is no paternity order in place and since there is no support order as you have mentioned, I'm willing to bet you gave him the fathers name out of the goodness of your heart (the right thing to do) , meaning that there is not paternity order, you should be able to change your son's last name to your maiden name.
2007-02-05 15:03:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You're going to need help from a lawyer. By the way, the money he's responsible for paying could go into an account for your son. You don't have to touch it. I think it's selfish of you to say he's better off. If he doesn't care about your son, that's his choice, but you shouldn't make that decision for your son.
2007-02-05 15:02:04 · answer #5 · answered by mamabear 6 · 0⤊ 0⤋
You will need to seek advice from an attorney.
I am in a similar situation. The first thing you need to do is go to your Child Support Center and turn the man in for not paying. Regardless if he's had anything to do with the child, it is still his and he needs to help support him. It would cost you nothing to go to Child Support Enforcement. Believe me, they will take care of matters from there.
Also, see if you can get him to sign off claiming any legal rights to this child. If he wants nothing to do with your child, then perhaps he would agree and waive any and all legal parental rights.
Good luck to you. You're initial step should be an attorney and child support enforcement.
2007-02-05 15:05:29 · answer #6 · answered by Nunya 4 · 0⤊ 0⤋
First of all, is he even on the birth certificate? If not, then he's not his legal father to begin with.
If it is on the birth certificate, then it depends on your state. Not all states allow the termination of parental rights simply because you want to. For example, in Iowa, a father cannot terminate his parental rights unless the mother is married and her new spouse wishes to legally adopt the child, thus making all three in agreement. Check your state law on this matter.
Good luck.
2007-02-05 15:01:45 · answer #7 · answered by s w 3 · 0⤊ 0⤋
you need to get in contact with a lawyer. between you, the lawyer and the courts, you should be able to force the father to give up his rights whether he wants to or not. you are doing the right thing for you and your child by doing this. hope this helps you. good luck.
2007-02-05 15:14:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Threaten to hit him up for back and current child support. Tell him you will call if off if he does something for you that will require signing a piece of paper.
2007-02-05 15:21:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Make him an offer either gives up parental rights or you pursue child support. One of two things will happen.
A. He will give up rights
B. You get child support
Its a win/win
2007-02-05 15:01:20 · answer #10 · answered by Anonymous · 0⤊ 0⤋