but we never married,and split 8 yrs ago does he have more rights to the kids altho they have lived with me since the split just cos he has their dads surname
2007-03-12 01:02:59 · 20 answers · asked by happylove_bunny 2 in Family & Relationships ➔ Marriage & Divorce
the kids do see their father only when he can be bothered and i dont get any maintenance or financial aid from him at all i know he has rights but he doesnt take responsibility for them only throws in my face that they are more his as they have his name
2007-03-12 01:16:10 · update #1
no he does not have more rights because he has their surname and by the sounds of it he does not deserve to be their dad either i am sorry but that is what i feel he helped make those children so he should also pay for their keep my ex is the same and if he only sees them when he can be bothered then he is hurting the children but my best advive would be keep your cool with him in front of the children i wish you the best of luck
2007-03-12 06:38:10 · answer #1 · answered by sexylady_with_naughtyeyes 2 · 0⤊ 0⤋
If the fathers name is on the birth certificate and the children have his surname then he has full parental responsibility this applied before the 2003 changes to the Childrens Act.
You would have to make applications to a Magistrates or County Court if there was contact issues.
You should approach the CSA to get child support they are his children he should pay.
As for name changes until a child is 18 you would have to ask the fathers permission and therefore a Court Application would be involved.
2007-03-12 13:56:37 · answer #2 · answered by BigMomma2 5 · 0⤊ 0⤋
hes more than likely has the same rights as you, if you've both got joint custody that is. just because they have the same surname as their father does not give him extra rights. Nevertheless, as for changing their surnames to a new one you're on dodgy ground, especially if there is a court order in place. If this is the case you'd be breaking the order and could face serious consequences.
2007-03-12 01:10:37 · answer #3 · answered by clareydairy 3 · 0⤊ 0⤋
Your children having the same name as their father in no way at all gives him more rights over them. It,s a load of rubbish.
My 2 boys have the same surname as their dad but only because i chose it to be that way. Men are such idiots.
You want to try saying to him if he has more rights then he should be the one that,s bringing them up and clothing them and feeding them and all the rest. I bet he,ll soon change his mind.
Also get onto the child support agency. He should be contributing towards the upbringing of them children not leaving it all down to you.
Well i wish you good luck but don,t let him get away with it.
2007-03-12 01:45:05 · answer #4 · answered by leese 3 · 0⤊ 0⤋
No, he has no more rights by virtue of them having his surname.
As you never married and your children were (presumably, by the fact you split up 8 years ago) born earlier than 2003, it is unlikely that you ex has parental responsibility for the children. He therefore has no say in schooling, medical stuff etc and you would be free to change their names to yours if you wanted.
2007-03-12 01:13:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
This man is an idiot. It doesn't matter who's surname they have. Why aren't you getting child support monies? Stop letting him manipulate you and file a petition for child support against this loser. Since the children have his surname, he should have no problem paying it.
2007-03-12 02:51:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Parental rights have nothing to do with whose last name the kids have. When I lived with my mother and my sister, none of us had the same last name. That didn't give our respective fathers more rights than our mother.
2007-03-12 11:32:23 · answer #7 · answered by Shawn 6 · 0⤊ 0⤋
A name doesn't change his actions! Don't let him bully you and mess with your head. You gave birth and since you never married and they live with you I don't see the law giving him extra or more rights. If you are worried check with a lawyer...have papers drawn up that specifically states his rights...and visitation.
2007-03-12 01:38:45 · answer #8 · answered by rhonda y 6 · 0⤊ 0⤋
He has visitation rights because he is their father...having his name doesn't make them more "his". Children aren't possessions, after all.
Seek legal advice so you know exactly where you stand in this situation.
It's very hard to take children away from their mothers, especially since you've always cared for them and supported them thus far.
2007-03-12 01:27:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
They aren't any more his than your's. You are both on their birth certificates as their parents. If you two have split up and he is not helping you with support, you may want to seek some child support for them. Don't let him throw any power plays at you.
2007-03-12 01:27:04 · answer #10 · answered by kalea_kane 6 · 1⤊ 0⤋