I have a 2 yr old son with my ex girlfriend. I have paternity papers saying I am his father. She is also 8 months pregnant that she is saying is my baby. I would like to have visitation rights with my son and if the baby is mine, the baby as well. I have a 4 bedroom home and I have a regular job. I don't make a lot of money but I can provide a stable home for my children. I do not have $1500 to give a lawyer. That's what they have all said they wanted to just open a case for me. Can any one help me? I would like my son to also carry on my last name as she gave him her last name. I am a only child and my son is the only one who can carry on my name. Can I also have his name legally changed? If so how?
Family Law Attorney
Duplicate question, answer is the same.
It is laudable that you want be involved with your children. All children deserve to know the love and support of both parents. It may be difficult to force the name change if mother opposes it. Please consult a Family attorney in your area. Many, like myself, give a free initial consult and can give you clearer guidance based on all the specific facts of your case. Sooner or later you will find one that fits. If this is a priority for you, you will find some money to pay an attorney. You will need a DNA test on the new child to be adjudicated the father. Child support will be set up, if it isn't yet in place. (The statutory minimum child support for 2 children will be 25% of your net income.) An attorney in your jurisdiction can give you a better analysis based on more facts! Good luck!
This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.
The bottom line is that you need to save up your money and hire a tough, smart family law attorney to fight for your paternal rights. Obviously, the mother is not going to cooperate with you regarding these children. So you are going to have to have a judge order her to cooperate. A judge will order her to change your son's name to your last name. A judge will order her to do DNA testing on the new baby to determine if he is your child.
So save up every penny, pawn your stuff, take out a bank loan, borrow money from your friends...do whatever it takes to get a bunch of money & outspend her & get her in front of a Harris County Family Court judge. Get some temporary orders to get this case moving.
Look on this website & find an attorney to help you.
Don't waste your time with the pro bono (free) services. You could end up with a brand-new licensed attorney that does not even know where the courthouse is or a corporate attorney that is doing this to get points with his/her boss. Do you want a corporate attorney that has never set foot in a courtroom before & is doing this for courtroom experience? I sure don't! Or, do you want a law school student & you are they first practice case -- horrors!
Hire an family law attorney that does this for a living...get going now!
Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.