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Zinoir · Jun 20, 2011, 05:32 PM

Hello, I had a couple of questions regarding my child.

My 3 year old son was born in Michigan and has been living with me, his mother, in Texas since he was around 6 months old after we left his father. His father is not on the birth certificate, I do not collect child support from him, and he has never sent my son any money. Since we had left Michigan, he has only visited his son twice.. once one month before his first birthday, the second time in April of this year. If it is of any help, he has his license revoked and has been on probation for drug paraphernalia.

My main questions are:

In Texas, how does one go about getting a last name changed? My son currently has his father's last name but I'd like to have it legally changed to my own.

Also, how would I get it to where I have full custody? Am I legally able to do this?

Thanks in advance.

ScottGem · Jun 20, 2011, 05:54 PM

Well you have a problem here. If the father's name is not on the birth certificate, then the father has no rights and you have full custody. However, if you try for a name change, its probable that he might have to contacted and you open a can of worms.

I would contact a local Family Law attorney to see whether its worth opening this can of worms.

As far as the father not paying child support, did you ever file for support? If he's not on the because he has no responsibility to your child unless he wants to file for rights.

Zinoir · Jun 20, 2011, 06:08 PM

So as of right now the father has no rights, but what if he wants to file to gain some sort of custody or visitation? I can imagine this will take a paternity test, but is there a way to indefinitely have full custody before this happens, or will that all come down to if I want to sign the affidavit? He's been trying to get me to sign one, but I've refused.

I never filed for the child support because I was told by friends and family that it was better not to file for it because then he'd be entitled to visitation. I would rather my son not have any contact with his father at all.

ScottGem · Jun 20, 2011, 06:16 PM

Sign what affidavits? If you don't want him in your child's life then yes not filing for support was a good move. However, it won't stop him if he wants rights. There is nothing you can do to terminate his rights unless you can prove he's a danger to your child. And I don't see enough to do that.

So any legal action you take will require that he be named the legal father. And that will probably allow him some rights.

Fr_Chuck · Jun 20, 2011, 06:16 PM

He may file at any time for visits and rights.. He will need to prove his paternity normally with a DNA test. And no there is really no way to take that right away from him, short of getting remarried and having him sign the rights away to allow new partner to adopt.

Not sure what "affiavit" but he can not sign his rights away by just signing a paper.

He is always entitled to visits, even if you don't ask for support. So your friends, not knowing the law has only lost you a lot of money. Some men ask for visits if they pay, but he can go and ask for visits anytime he wants. Paying or not paying support has nothing to do with it.

Next since there is no order for support, he owes no money, and his not paying is not even a issue

Zinoir · Jun 20, 2011, 06:22 PM

Sorry, the affidavit I was referring to was one that would put him on his son's birth certificate.

Thank you for all of your help.

ScottGem · Jun 20, 2011, 06:47 PM

So he is trying to get you to sign an acknowledgement of paternity. He doesn't need it if he decides to go to court. However, since you have established residence in TX he has to do so in TX.

cdad · Jun 21, 2011, 03:55 AM

Originally Posted by Zinoir

So as of right now the father has no rights, but what if he wants to file to gain some sort of custody or visitation?

I can imagine this will take a paternity test, but is there a way to indefinitely have full custody before this happens, or will that all come down to if I want to sign the affidavit? He's been trying to get me to sign one, but I've refused.

The father of the child does have rights even if he isn't on the birth certificate. He always has the right to go to court to force issues of visitation should he choose to.

No there is no way to gayrantee you full custody and from what your stating the courts may remove your custody and make the father the primary parent unless your trying to claim that he isn't the father. By refusing to sign the acknowledgement of paternity out of spite and causing the father to go a greater route it shows the courts you lack good judgement as a parent. Also not getting child support for your child is another example. In the courts eyes this is bad parenting and enough reason to remove the child from you. They don't like it when the children are used as game pieces. You need to stop and straighten this whole mess out.