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-   -   Can a father who states he'll give up his rights legally change the child's name? (https://www.askmehelpdesk.com/showthread.php?t=584929)

  • Jun 30, 2011, 01:02 PM
    rlayell
    Can a father who states he'll give up his rights legally change the child's name?
    I have recently found out I'm pregnant, and have already decided that if my child is a boy, I want to name him after the father, who is William Jr, so my child would be William III. He is stating he doesn't believe it's his child, so if I do that, he will fight to legally change the name, plus he will probably give up his rights. I am going to take him for child support right after the birth which I know will provide a DNA test to show he's the father, but can he fight to have the name changed before the test? I know that the child support system can sometimes take awhile.
  • Jun 30, 2011, 01:06 PM
    Wondergirl

    Did you read the sticky on this board?

    "2) Most areas make it difficult for a bio parent to relinquish their parental rights. Usually its allowed only to clear the way for adoption of the child."

    For adoption to take place (with the okay of the biofather), the mother has to be married to the potential adoptive father for at least a year.
  • Jun 30, 2011, 01:09 PM
    AK lawyer
    Quote:

    Originally Posted by rlayell View Post
    ... He is stating he doesn't believe it's his child, so if I do that, he will fight to legally change the name, ...

    You can name the child whatever you want. If, for example, William Jr. is not the father, you could still name the baby after him, and he would have no say in the matter.

    Wondergirl, what you say is of course true, but if William, Jr. wants to delude himself into thinking that he can give up his rights, and if he nevertheless pays CS, who cares?
  • Jun 30, 2011, 01:39 PM
    rlayell
    Thanks for the replies. William Jr. is saying that his Pre-Paid Legal attorneys will fight for him to change the name, even if it's proven to be his child. He's also saying that his attorneys will get involved so he can pay the least amount possible for child support. I have made him aware that attorneys aren't typically involved when it comes to child support enforcement (based on my previous experience with my daughter) because it's based on our incomes & expenses. Does anyone have any information about that also.
  • Jun 30, 2011, 03:05 PM
    joypulv
    'His prepaid legal attorneys' don't exist. Are there non-legal attornies? Prepaid would be 'on retainer.' He's full of it, and wrong anyway. Ignore him.
  • Jun 30, 2011, 03:27 PM
    AK lawyer
    Quote:

    Originally Posted by joypulv View Post
    'His prepaid legal attorneys' don't exist. Are there non-legal attornies? Prepaid would be 'on retainer.' He's full of it, and wrong anyway. Ignore him.

    That would be as in "pre-paid legal", a type of insurance plan sometimes available through labor unions, etc.

    But otherwise I suspect you are correct. He's bluffing. He doesn't have a case.
  • Jun 30, 2011, 08:07 PM
    Fr_Chuck

    Pre paid legal attorneys ( OK a good thing for some issues, so I am not bashing the company)

    But they offer free phone advise, will write a few letters, and do your will ( really good will)

    But if they appear in court and represent you, they charge you, you get a small discount on a large bill, and unless they are in the same town, you pay travel expenses also. Almost always I could find a local attorney who was cheaper.

    Next not sure, but yes attorneys are normally used in child custody and child support cases, So I am surprised you are not already looking for a good local one, you should have one.

    When the baby is born, you file for custody, file for child support, if he wants he can file for visits. You may name the baby anything you want,

    He can fight for many things, but will have to prove paternity first.

    He can not just sign over his rights, if he told you that, you know he never talked to an attorney, signing over rights is the first of a long string of lies men use to try and talk women out of filing for child support
  • Jun 30, 2011, 08:11 PM
    J_9

    Let me ask why you would want to name your child after a man you are having such troubles with?
  • Jun 30, 2011, 08:39 PM
    ScottGem

    There are pre-paid legal services where you pay a monthly fee and are provided with a variety of legal services. Anything above the listed services are usually on a discounted fee basis. If this is what he is referring to, he's talking through his hat. There is no legal justification for him to change what you name the child, even if he isn't the father.

    Its not unusual for a parent to file for custody.support without legal counsel, but its also not unusual to have counsel.

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