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Legal Advice

Mom2mine's picture

Submitted by Mom2mine on Wed, 04/04/2012 - 8:52am

Okay-to sum it up: BS10 has not seen his sperm donor since he was one (n that was a prison visitation that I was trying to get him to sign over his rights...Asshole wouldn't!) anyway-so he gets out of prison when son is 7 n sends me an email asking if he is really his, I again tell him to just sign over his rights n he starts a rant about how if he is his-then he will take care of it but he needs proof! I told him to go right ahead-I know who I slept with-so if he needs a paternity test then he needs to pay for it...I don't hear anything else from him about my son but he dates some girl n gets her pregnant-they have a girl together n during their relationship he is abusive towards her n cheated on her multiple times! Posting all of ur business on FB is not so smart!!

Anyway-he was only out for about two years n is currently back in prison-he was also dealing drugs-so I would assume that is what he is in prison for the 3rd time for...please don't judge-I fully realize I was young n stupid! Point being he has never paid me a dime n all I want r his rights terminated so that I don't have to ever worry about him n can change my sons last name....Can I do this by filing for child support???

I know laws r different in every state-so I'm n TX...n I wouldn't exactly b able to afford an attorney anytime soon-but he should b in prison for at least another year....

Thanks!!

Comments

stepmama2one's picture

Submitted by stepmama2one on Wed, 04/04/2012 - 9:09am

If you file for child support then they will not go after the father unless they know for sure he is responsible for this child, meaning it is his child. Just because he is in prison doesnt mean that he cant take a paternity test. Make him take the test and if he is then go to court and file with the courts that you want his name changed and you want sole legal and physical custody. He cant really do much from jail but maybe he will just see how big of a pain it is and just give up his rights...

RainbowsAndDaisies's picture

Submitted by RainbowsAndDaisies on Wed, 04/04/2012 - 9:33am

You can terminate his rights without his permission. 1+ year of no contact with child + no financial support is what you will have to prove to the judge.

Mom2mine's picture

Submitted by Mom2mine on Wed, 04/04/2012 - 10:21am

His name is on the birth certificate-n the only reasons y I haven't filed before is bc he has been in prison for 8 of the ten years of my sons life AND I do not under any circumstances want him around my son especially if I'm not there to protect him! -therefore I never wanted him to have visitation. So if I file while he is in prison I was hoping a judge might just terminate....is there a website that anyone knows of where I could file a motion for a name change without a lawyer-to get the proper documentation??? N he is an ASS!!! He really doesn't want anything to do with him-he is just bored so he is saying no...even though he has said its not his kid from day one to his family....the sad part is that he looks just flipping like him!!! N his daughter is even a mini me of my son when he was a baby....STUPID ASS!

Anyway-was just trying to figure out if I could make this happen or not!! My son keeps asking when his last name is going to b the same as everyone elses....sigh

Thank u all for ur help!! I greatly appreciate it!