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    annalouise57's Avatar
    annalouise57 Posts: 6, Reputation: 1
    New Member
     
    #1

    May 13, 2012, 09:33 AM
    Do I have any rights as a single mother
    Hi, I am a 21 year old woman with a 2 year old son. I split with his father about a year ago and have since had nothing but problems. I have reciently decided that when my child attends school and nursery he will have my surname (he has his fathers on his birth certificate). I decided this as his father has an unusual surname and used to get bullied for it when he was younger, also I live with my little boy and my child's father picks and chooses if and when he see's him (usually once a week). I, therefore attend doctors appointments, dentist appointments with my son, take him to toddler groups etc.. general day to day parent things. His father pays no interest in these sort of things. I would like my son to have my surname also to stop confusion and questions asked by other kids at school. My child's father does not agree with my decision and is making things very hard for me. Him and his mother stood and called me a disgrace in front of my child before taking him for the night (previously planned) which left me devistated. His mother (my sons gran) said that I was doing this as I was bitter, I explained that I had no reason to be bitter to which she responded 'you have every reason to be'. I used to ring my child's father when he had him to speak to my son. My ex now refuses to let me speak to him and genuinley makes me worry about him when I'm not with him. I have explained to him that no one has died, that our son is happy and healthy and has a huge family who love him and care about him and that should be the only thing that matters, I also explained that I didn't want me and him (the ex) to be big mates but I wanted us to be civil as harry was the important factor in this.. to which he replied 'stop giving me your bull you twisted cow'. He comes home and uses 'bad words' which he obveously learnt from his dad. I am a doting mother who just wants the best for my son. Is there anything I can do, any rights I have as a single mother which will make my life a little easier. I'm really struggling to cope with the stress at the minute and just want me and my son to be happy and settled.. thanks anna x
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    May 13, 2012, 09:55 AM
    You must seek court approval to change his name and the fathers refusal will likely thrump everything.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #3

    May 13, 2012, 10:11 AM
    Any question on law needs your general locale as laws vary by area. But to legally change his name will require a court order AND the father's agreement.
    annalouise57's Avatar
    annalouise57 Posts: 6, Reputation: 1
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    #4

    May 13, 2012, 11:02 AM
    I had a look on citizens advice and it says "If the parents have not been married, the mother can change the child's name without the father's consent unless he has acquired parental responsibility through agreement or by a court order"... im assuming this means that because we were never married and I have full cusdody of my son then I am able to do so. Am I right in thinking that? He will have his fathers name on his birth certificate but at school etc he will have my name. I'm so confused.. x
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #5

    May 13, 2012, 11:19 AM
    Can you link us to that site? By being on the birth certificate it would seemingly satisfy the "acquired parental responsibility through agreement" proviso.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #6

    May 13, 2012, 10:22 PM
    Scott, the OP wrote "parental responsibility" and that takes me to think she is in England.
    But according to the law, "If the child's birth was registered after 1st December 2003: the unmarried father will have parental responsibility if he is named as the father on the birth certificate.

    http://www.legislation.gov.uk/ukpga/2002/38/section/111

    In subsection (1) (cases where parental responsibility is acquired), for the words after “birth” there is substituted “, the father shall acquire parental responsibility for the child if—
    (a)he becomes registered as the child's father under any of the enactments specified in subsection (1A);
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #7

    May 14, 2012, 03:11 AM
    Quote Originally Posted by GV70 View Post
    Scott, the OP wrote "parental responsibility" and that takes me to think she is in England.
    That and the use of "surname". But we agree, being on the because is enough.

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