View Full Version : Fighting for sole physical and legal custody?
tstefanilo
Aug 18, 2010, 06:38 PM
Pregnant single unemployed. Possible custoday and child support battle with the ex. Curious if giving the child the fatherrs last name or having him on the birth certificate, or not having him on the birth certificate, will this hurt my chances of being granted sole legal and/or physical custody. State of nh
GV70
Aug 18, 2010, 09:12 PM
curious if giving the child the fatherrs last name or having him on the birth certificate, or not having him on the birth certificate, will this hurt my chances of being granted sole legal and/or physical custody. state of nh
Generally in a custody proceeding none of the factors listed above have bearing.
It is rare for the courts to award sole physical and legal custody to a parent, unless the court deems that one parent is unfit. Examples of what might make a parent unfit include a history of violence, mental instability, drug or alcohol abuse, or neglect of the child. Even then, visitation rights might be granted under a supervised visitation agreement.
J_9
Aug 18, 2010, 09:42 PM
As far as giving the child the father's last name... think long and hard about this since you are not married.
You don't want to come back here in two years and ask us how to change the baby's last name from the father's to yours.
GV70
Aug 18, 2010, 10:02 PM
As far as giving the child the father's last name....think long and hard about this since you are not married.
You don't want to come back here in two years and ask us how to change the baby's last name from the father's to yours.
;)but we may expect a question,"How to change my child's last name from his/her mother's to mine":)
J_9
Aug 18, 2010, 10:09 PM
Ah, I wondered about that after I posted!
GV70
Aug 19, 2010, 12:43 AM
Ah, I wondered about that after I posted!:)
curious if giving the child the fatherrs last name or...
As I said the last name has no bearing to any custody proceeding.
But I wonder how those disputes about child's last name are decided now.
Usually, the children are given their father's last name . Some families have a custom of using the mother's maiden name as a middle name for the child.
In the United States, some states or areas have laws that restrict what last name a child may have. In the District of Columbia, children born to married parents must be given the father's last name alone.Tennessee allows a child to be given last name that does not include that of the father, but only upon "the concurrent submission of a sworn application to that effect signed by both parents".
One of state' supreme courts held that if there was a dispute about child's last name,it would be in the best interest of the child to have hyphenated last name./or to have last name formed from both mother and father's last names./The hyphenated last name has the advantage of enabling the tracing back of both parental lines.
GREAT!!!!
Let's see what will happen if ,for instance Betty Obama and Henry Bush cannot agree about their child's last name.The child's last name may be Obama-Bush,or Bush-Obama, or Bushama/from Bush and Obama / or Obush/ from Obama and Bush/. It sounds great,doesn't it?. But have in mind it will last about ten years from the lower court to the supreme court and it will cost thousands of $$$$$$ for attorneys fees.
Finally John Obama-Bush is an adult and he has a child with Emily Clinton-Reagan.Agreement? No way.Following a court procedure the legal name of the child is John Junior Obama-Bush-Clinton-Reagan.
John Junior Obama-Bush-Clinton-Reagan is an adult and he has a child with Jane Carter-Ford-Nixon-Johnson. Agreement? No way!Thus the legal name of the child is Judy Obama-Bush-Clinton-Reagan-Carter-Ford-Nixon-Johnson./ not JudyKayTee/:eek::eek::eek:
Time has passed and Judy Obama-Bush-Clinton-Reagan-Carter-Ford-Nixon-Johnson met a nice guy named Greg Kennedy-Eisenhower-Truman-Roosevelt-Hoover-Coolidge-Harding-Wilson. They have a child but they cannot agree about child's last name. The Supreme Court adjudicates that it is inequitable for the child and it is not in the child's best interest to be deprived from his history,and also it would be sexist if the child does not bear both his mother's and father's last names citing as a precedent the decision In Re Last Name Of John, a minor/Henry Bush,appelant v. Betty Obama,appelee/;)
Thus the legal name of the child is Charles Obama-Bush-Clinton-Reagan-Carter-Ford-Nixon-Johnson-Kennedy-Eisenhower-Truman-Roosevelt-Hoover-Coolidge-Harding-Wilson.
Fifteen years later Charles has a child with Susan Taft-McKinley-Cleveland-Arthur-Garfield-Hayes -Grant-Lincoln-Buchanan-Pierce- Fillmore-Taylor-Polk-Tyler-Van Buren-Jackson-Adams-Monroe-Madison-Jefferson- Adams-Washington.
Guess what will be the child's last name!
THE LEGAL NAME OF THE CHILD WILL BE:
Peter Obama-Bush-Clinton-Reagan-Carter-Ford-Nixon-Johnson-Kennedy-Eisenhower-Truman-Roosevelt-Hoover-Coolidge-Harding-Wilson-Taft-McKinley-Cleveland-Arthur-Garfield-Hayes -Grant-Lincoln-Buchanan-Pierce- Fillmore-Taylor-Polk-Tyler-Van Buren-Jackson-Adams-Monroe-Madison-Jefferson- Adams-Washington.
DOES IT MAKE SENSE????
Anyway an aunt filed a motion in the Court because she thinks it is inequitable the last name of one of Peter's grand-grand-grand-grand-step-fathers-Jefferson Davis / who was born in Christian County, Kentucky, and died in Louisiana/ not to be included in Peter's last names.A national discussion about the rights of stepparents is underway.
All gay/lesbian movements insist on the fact that one of Peter's great-great mothers might be a lesbian thus the last name of her potential partner has to be included in Peter's last names,too.A crowd gays and lesbians gathered round the Court hall
Shouting "Stop Discrimination!" and " We want rights".Professor Melanie Jacobs has just published her article"No more dead beat dads-give all children to gay couples for upbringing", In that article she proves that any heterosexual father is a potential deadbeat dad,and because she is “Progressive, Innovative and Forward Thinking”.her opinion must become a model for the society.:eek:
You may think this post is a joke. NO,IT IS NOT! These are the legal problems that our court system struggle with.
SHOW MUST GO ON!
Panem et circenses-Juvenalis