Ask Experts Questions for FREE Help !
Ask
    momma0506's Avatar
    momma0506 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 14, 2012, 08:55 PM
    Taking parental rights
    My son has not seen his father for over a year. He has chose not to have any contact with our son. I am wanting to find out if I can file for his rights and to change my son's last name.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jan 14, 2012, 09:09 PM
    First where are you at, the laws vary.

    But in general, you can't take his "rights" away, you may modify the existing child visitation order to get him no or less visits. And you can ask his permission to do a name change, and if he agrees, you just change it with him signing for it also. If he does not agree, you will have to file in court and show a reason it is in the best interest of the child. Or perhaps the bio father will not show up to fight it.

    Also do you have a child support order in place, and if so, is he paying it, if you don't have a order ,why not?
    momma0506's Avatar
    momma0506 Posts: 2, Reputation: 1
    New Member
     
    #3

    Jan 15, 2012, 12:17 PM
    We are in OR and the last time my son saw his bio-father, he was trying to kidnap him and my other son for money. I left the state of TN to protect my children. He is a known drug abuser and dealer. He has stated he is going to kill our son so he does not have to pay child support, and my son is very scared of him. I don't want him having any rights for future needs. My son was born with my last name, but in the state of TN they automatically change the child's last name when child support is going. He has not paid child support in 4 years. I have to keep my children safe.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jan 15, 2012, 12:47 PM
    When using a site like this its usually best to browse around a bit first to see if you can find similar threads. Had you done so, you might have found this sticky:
    https://www.askmehelpdesk.com/family...st-116098.html

    Based on your initial post, the answer would have been no. However, if the kidnapping attempt has been documented and you can prove the father is a danger to the child, then you may be able to do this.

    I would strongly advise consulting a local Family Law attorney to advise you on this. An Attorney will know how to get this before a judge without endangering the children.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Taking away fathers parental rights [ 1 Answers ]

I am a single mother of a 6 year old boy. My son has never seen or spoken to his dad. I am in the process of finding my son's father. But I need to know how to go about getting his rights taken away if if he chooses not to be in my son's life.

Taking Parental Rights. [ 2 Answers ]

Hi, I have a 9month old daughter and I'm worried about her, because the bio-father won't sing over his rights to me, so my question is does anyone know if I can have his parental rights taking from him.. because he pleaed guilty to sexual assault.. and also his own cousin went to the police about...

How do I go about taking parental rights away from a 'father' who can't be found? [ 2 Answers ]

I'm wondering how I get my ex-husband's parental rights taken away. He has not seen my son or contacted me about him since Sept. 2005 and has not paid child support since then either. I have no idea where he is and currently he has a warrant out for his arrest because of failure to appear in court...

Taking away parental rights [ 2 Answers ]

I know every situation is different and mine goes as follows. My sons father broke into my house and beat and raped me in front of our son in 2005, he is now in prison until 2010. To make a long story short I want his rights taken away, I don't ever want to see or have anything to do with him...

Taking away parental rights [ 2 Answers ]

My ex-husband has been in and out of prison. He has drug charges and domestic violence charges against him already. Right now he is under investigation for child molestation against a 5 year old girl. If he gets this charge can I take away his rights without him signing them over to me? I have been...


View more questions Search