Changing child's name

[siziqide]

I would like to know if it is possible to change my child's name without my son's father permisson. He has no rights through court, I have full and sole custody and he has none due to the fact that he did not complete the requirements the court required. He is on child support and currently owes me about $16,000 since he has only paid $100. My son is only 3yrs old and 4 months ago his dad and most of his family decided to walk out of his life because I didn't want to get him off child support, not that I could have either way...I was informed by some cops that it is not in my power anymore, that a judge is the one that decides that and it is unlikely after he owes so much money. Anyways, now that you know my full story, do you think I would still need his approval to change my son's last name? I don't see why my son would have to carry the name of a family that wants nothing to do with him, someday he will have a family of his own and I would like for him to carry my family's last name.

 

[Proserpina]

Despite Dad's actions, you still need either Dad's permission or permission from the court.

So speak to a local attorney - s/he can give you an idea of how the local courts tend to rule in cases similar to yours.

(I will say though that the courts aren't fond of changing names completely - the likelihood is, if Dad fights, that your son's name would be hyphenated)

 

[siziqide]

Thank you, he already refused.

I contacted him and his reply was "you know what to do in order to get that." He doesn't care whether or not my son carries his name all he cares is being taken off of child support.

 

[Proserpina]

Then you'll have to show the court why it's in your mutual child's best interests.

Why doesn't Dad have visitation?

 

[army judge]

Then you'll have to show the court why it's in your mutual child's best interests.

Why doesn't Dad have visitation?

Let me take a stab at answering you.

Dad doesn't care about the kid.

Dad only wants the child support order lifted and arrearage erased.

I don't understand why women aren't more careful about letting some useless, male bum "knock them up"?

Okay, this might not have been so easy to avoid 100 years ago.

But, this is the 21st century.

Pregnancy, is almost preventable.

Most forms of prevention are almost 100% preventable.

One, abstinence is 100% effective.

Sad. Sad. Sad.

 

[siziqide]

Let me take a stab at answering you.

Dad doesn't care about the kid.

Dad only wants the child support order lifted and arrearage erased.

I don't understand why women aren't more careful about letting some useless, male bum "knock them up"?

Okay, this might not have been so easy to avoid 100 years ago.

But, this is the 21st century.

Pregnancy, is almost preventable.

Most forms of prevention are almost 100% preventable.

One, abstinence is 100% effective.

Sad. Sad. Sad.

At some point we lived together, at some point he was fully involved...he is bipolar and does not take meds. He didn't tell me about his condition, his mother after we had a child and lived together. Don't judge unless you know.

 

[Proserpina]

At some point we lived together, at some point he was fully involved...he is bipolar and does not take meds. He didn't tell me about his condition, his mother after we had a child and lived together. Don't judge unless you know.

Please answer my question.

There's a reason why I asked.

 

[siziqide]

Then you'll have to show the court why it's in your mutual child's best interests.

Why doesn't Dad have visitation?

He is just too careless, he never went to any of the appointments to see the social worker (it didn't require a home visit). We went to court about 6 times, the judge got tired and just gave me everything and told him to file if he wants visitation, he never did and it has been about 2 yrs. What I am confused about is the fact that I was told that all I needed his permission for was to move out of state or the country, that everything I did could have been done without him.


Also, would it make any difference if he has also been violent? I have made all the reports one time I had a restriction order but he used it as an excuse to not see my son, his lawyer asked me if I could drop it and I did. But he became violent one more time and I reported it. I was too scared to go ahead with a court restriction order. I now live by myself and he knows where, he told me he would kill me if I get the police involved.

 

[Proserpina]

He is just too careless, he never went to any of the appointments to see the social worker (it didn't require a home visit). We went to court about 6 times, the judge got tired and just gave me everything and told him to file if he wants visitation, he never did and it has been about 2 yrs.

Okay, so it's his lack of action - and NOT social services/CPS involvement - that has left him with no visitation, is that correct?

What I am confused about is the fact that I was told that all I needed his permission for was to move out of state or the country, that everything I did could have been done without him.

No idea who told you that, or why. It's simply not true.

Also, would it make any difference if he has also been violent? I have made all the reports one time I had a restriction order but he used it as an excuse to not see my son, his lawyer asked me if I could drop it and I did. But he became violent one more time and I reported it. I was too scared to go ahead with a court restriction order. I now live by myself and he knows where, he told me he would kill me if I get the police involved.

Nope. Until his rights are actually terminated by a court, he still has those rights and those include the right to fight against his child being renamed.

 

[siziqide]

Proserpina;153658]Okay, so it's his lack of action - and NOT social services/CPS involvement - that has left him with no visitation, is that correct?

Correct

No idea who told you that, or why. It's simply not true.

The judge actually stated that as she told him that if he wanted any visitation he needed to file for it and that I would be the one making all the decision for the child.

Nope. Until his rights are actually terminated by a court, he still has those rights and those include the right to fight against his child being renamed.

 

[Proserpina]

No, I was referring to where you stated that someone told you that you would only need permission to relocate. Because that simply isn't accurate.

I was not referring to him having to file for visitation.

 

[siziqide]

No, I was referring to where you stated that someone told you that you would only need permission to relocate. Because that simply isn't accurate.

I was not referring to him having to file for visitation.

The judge said that as well

 

[Proserpina]

I think you may have misunderstood.

 

[army judge]

At some point we lived together, at some point he was fully involved...he is bipolar and does not take meds. He didn't tell me about his condition, his mother after we had a child and lived together. Don't judge unless you know.

Judge?

Pshaw!