ways to prevent rights to father?

Question

i made the mistake and slept with one of my good friends and ended up pregnant (im happy about the baby of course!!)


i know i made a mistake so please no judgements, we all make mistakes, and i learned from it...


anyways...the father wants to be in the childs life and im scared that hes gonna try to get custody or something...


i dont want our son to have his last name, and i dont want his name on the birth certificate...so if i dont put his name on there will he have rights or no?


he had a girlfriend hes been on and off with for 7 years (i didnt know about at the time) and he has a 5 yr old, plus ANOTHER baby on the way :-/...hes been to jail before, hes always changing jobs, he doesnt even have his own place...plus hes always putting me down, and stressing me out so i just decided to stop talking to him...


so my question, how do i get full custody of my child? (i live in texas by the way)

okay im not doing this out of revenge but out of fear for my child and me...


hes much older then me, hes been to jail for domestic problems between him and his girlfriend, his girlfriend has threatened me and used to call my phone 24/7 (shes finally given that up)


he lives with his girlfriend and shes constantly kicking him out out the apartment, hes even said he wanted nothing to do with our son because i was giving him my lastname!


but now hes trying to get back in the picture...i just feel he would not be a good father and i dont want my son around a man like that, even tho he is the father, my son will have everything he needs i have the support of all my family

Answer 1

If you are not married , the child gets your last name. You may have to share the child 50/50, unless you sue for full custody. He will either have to be declared unfit for fatherhood, or sign a waiver

Answer 2

If you want him to pay child support or if he sues for custody, he could get rights to the child and even have the right to change the child's last name to his if the Court decides that is what is in the best interest of this child as to his visitation and/or joint or sole custody. Not having stable employment or his own place or a room for the child are strikes against him, but not necessarily prohibitive...it would depend on the judge.

Getting him to sign a voluntary agreement to "sign off" on the child is not effective unless it is through the Courts and it is rarely granted even then if the father choses not to have an active parenting role in a child's life; he if financially liable for the well being of the child throughout it life (unfortunately, that does not always mean he will pay or that it will be easy to get him to pay... if he doesn't that could bolster your claim for abandonment down the road to request termination of his rights if he doesn't pay child support or see the child).

The only way to protect your best interest and the interest of your child is to get an attorney and go through the Courts if you want child support and full custody arrangement (which he could modify through the Court at a later date if he does straighten out his act).

Answer 3

He is the father and he has rights. Those rights include visitation, at the least. Those rights can be waived by him if he fails to exercise them. Just leave him alone and he will probably leave you alone. Be aware, however, that he can come in at any time and seek his parental rights. If he does, absent some extraordinary evidence of lack of fitness, he will get the usual noncustodial parental rights including visitation.

If you seek public assistance, they will seek child support from him and that will establish paternity.

You say you made a mistake but I don't get the idea you realize the full impact of that mistake. What impact do you think it is going to have on your child to grow up without a father or with a father that is in and out of jail?

Answer 4

The person you're describing probably is not going to fight you for custody. They seem a bit preoccupied.

You could move out of state before the child is born. That would make it more difficult for the putative father to take you to court for visitation. It will also make it more difficult for you to collect child support. (assuming that is something you decide to pursue.)

These days a parent has to be a really bad person for the courts to even consider terminating rights, so, short of making the fight more difficult, there's not much you can do, really.

Just remember in the future; don't sleep with someone unless you absolutely want to have them in your life for the next 20 or so years. It can be a nightmare.

Answer 5

You no not have to put the fathers name on the birth certificate nor do you have to name the Father .....but paternity can be established at anytime in Texas.
He can request a paternity test to exercise his rights as a father. If you file for childsupport then a patermity test will be ordered. If you file for government services such as food stamps, CHIPs insurance etc then a paternity test will be ordered.
Good Luck and God Bless!

Answer 6

Stop

think about your child


it is important that a child have both parents in their life

you are trying to seek revenge

and that is going to hurt your child

you need to put your feelings aside and focus on what's best for the child

Answer 7

The only way is to get him to sign an agreement voluntarily giving you sole custody. Of course that requires you acknowledge him as the father. And he will still have the rights of a parent to contact & consent & will still have a child support obligation.

Answer 8

Made one 'mistake' and now you want to keep making more mistakes. Stop being selfish.