My Ex Husband and I have been separated since December of 2006 and Divorced since September of 2008. Our daughter will be two on August 19, he has seen her a total of less than 10 times her entire life, and has never picked up the phone and called or emailed me to see how she is doing. I am only receiving child support now that he is on unemployment and they are taking it from him and giving it to me. He recently got a court date trying to get 50 percent physical and legal custody because in our divorce I got 100 percent sole leagal and physical with his visitations at my discretion. He went back and got an emergency hearing when we went to court they told us to come back August 11 like the date was at first because he had no reason for it being an emergency hearing but she did give him 8 visitations until that date which he only showed up for 20 minutes of the second one, then he missed court on the 11. So it is back to what it was at first he also missed her birthday party yesterday and never lets me know he won't be here when he is supposed to be. When can I legally change her last name and take his name off her birth certificate so that he is no longer legally her father, or does he have to sign his rights over for that? I don't want to play these games any more it is not right to her.

You can legally change her last name when he gives his consent. You can take his name off the birth certificate when you are remarried, your new husband wants to adopt and he allows it.

Other than that, you pretty much do not have any ground to stand on.

Well, legally he is the child's father, like it or not. With very few exceptions, most jurisdictions don't allow a parent to simply "sign over his rights" or otherwise relinquish himself from the rights and responsibilities of fatherhood. Usually, having another man adopt your daughter (with the father's consent) is the only way to "eliminate" the bio dad as parent. Personally I agree that it's unfortunate that he is not involved in her life on a regular basis but that in and of itself isn't grounds for removing his legal status as father.

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Originally Posted by jes_ybarra

My Ex Husband and I have been separated since December of 2006 and Divorced since September of 2008. Our daughter will be two on August 19, he has seen her a total of less than 10 times her entire life, and has never picked up the phone and called or emailed me to see how she is doing. I am only receiving child support now that he is on unemployment and they are taking it from him and giving it to me. He recently got a court date trying to get 50 percent physical and legal custody because in our divorce i got 100 percent sole leagal and physical with his visitations at my discretion. He went back and got an emergency hearing when we went to court they told us to come back august 11 like the date was at first because he had no reason for it being an emergency hearing but she did give him 8 visitations untill that date which he only showed up for 20 minutes of the second one, then he missed court on the 11. So it is back to what it was at first he also missed her birthday party yesterday and never lets me know he wont be here when he is supposed to be. When can I legally change her last name and take his name off of her birth certificate so that he is no longer legally her father, or does he have to sign his rights over for that? I dont want to play these games any more it is not right to her.

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I agree with what the others have said but I have to ask. From the way Im reading this the only way he gets visitation is to be in your home ? If that's true I can see why there are so many problems. Why is it that you believe he is a danger to the child ?