I was 17 when I had my son with my high school sweetheart! We have been separated for about 5 months now. The baby has my last name (oh and by the way is 5 yrs. old) and no father listed on the birth certificate! I should say that this guy is very emotionally, verbally, and physically abusive. I just wanted to know that once his paternity test is run... can they make me change the babies last name? And also any advice on how to get out of this would be great. I would much prefer for him to stay out of our lives. He doesn't pay me child support and never has! And I would much prefer to keep it that way. He has hit my son in the face and I just want him to stay away from both of us. Thanks!!
2007-07-05 07:31:28 · 9 answers · asked by Kellen's Mom 2 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
We live in WV! And he says he wants custody of him! But he is a low life. He has never had a job and is a big druggie! And I have been told by his friends it has gotten worse not better! Oh and right now he doesn't have any rights to sign over!
2007-07-05 07:40:01 · update #1
Contact a family lawyer...even if you cannot afford one most have free consultations and will be able to point you in the right direction. They may even know where you can get free representation.
I went through a court battle for visitation and custody that lasted for 5 years (ultimately I "won"). I had a free lawyer through my local law school. It would be best to have some type of representation, someone who can speak for you impartially in a court. Also someone who could find a GAL (Gardian Ad Litem) which is a lawyer for the child. WHo will investigate both you and him to report to a court about drug use and fitness as a parent and any other concerns. Without a GAL and lawyer it comes down to your word against his (unless you have police reports etc) which is sad but true and he will drag you through the mud and say you are unfit. Be aware that they court will most likely give him some type of visitation to give him a chance to prove himself.
Good luck!
2007-07-05 07:50:26 · answer #1 · answered by girlzmommy 5 · 0⤊ 0⤋
Why is a paternity test being done? My son's father is not listed on the birth certificate and I plan on keeping it that way. He doesn't ever see him and doesn't pay any support. We just live our lives.
Now a friend of mine is the father of a child and his name was not on the birth certificate and the child does not have his last name. But he's always been there for the child. The mother took him to court for child support, they did the paternity test, and the child's last name has not changed. He's a great father and has the child most of the time. He's trying to figure out how he can change the name himself so I don't think you have to worry about that.
If he's taking you to court for some reason, just explain your side of the story. The judge will listen.
2007-07-05 07:42:11 · answer #2 · answered by SusieQ 2 · 0⤊ 0⤋
He has no job, so he cant support a child. He is abusive and hits the child. No court in their right mind will give the baby to him. They cant make you change the baby's last name either.
2007-07-05 08:05:56 · answer #3 · answered by smwat03 6 · 0⤊ 0⤋
You can only change a baby's name by deed poll in England or the birth certificate if you get married to the biological father.
Get an injunction right now
2007-07-05 07:37:10 · answer #4 · answered by the_emrod 7 · 0⤊ 0⤋
Document everything present and what you can remember from the past. Bring signed notorized documents from witnesses to the abuse on you, your child or proof of the drug/alcohol abuse to himself. It seems that he is requesting this hearing to see his child, demand that it does not happen. If for whatever reason they grant him visitation, insist that for the welfare of your child that it is minimal and court order supervised visits in the presence of an police officer or court liason.
Good Luck
2007-07-05 10:15:13 · answer #5 · answered by mom of josh 1 · 0⤊ 0⤋
You can have him sign over his rights...he can't be forced this has to be something he wants to do. Ask him..."Do you want to pay child support or give up your rights?" Once he gets a DNA done the child does not have to change their name. This is up to you. At least this is how we do it in Texas.
2007-07-05 07:36:02 · answer #6 · answered by Amy V 3 · 0⤊ 0⤋
Document EVERYTHING!! Get information at a battered womens shelter about possible legal representation. you will NEED it in order to prive the abuse. As for changing the childs name in MOST states yes he can request, demand AND get it.
2007-07-05 07:35:57 · answer #7 · answered by Betsy 7 · 0⤊ 0⤋
Second the Document everything answer. Besides actually having the documentation, shows your degree of responsibility and seriousness of the matter.
2007-07-05 07:42:07 · answer #8 · answered by lillilou 7 · 0⤊ 0⤋
If you prove to the court that he is physically abusive then they will not let him near your son. Just don't give up and fight for him.
2007-07-05 07:35:09 · answer #9 · answered by Cortney R 4 · 0⤊ 0⤋