My boyfriends ex is trying to change their childs last name to match his exs new boyfriend and baby daddys child. She has said she was going to take him to court for abandonment because he hasn't seen his daughter in a year and a half. She hasn't yet. She wants him to sign over his rights. He doesn't want to pay child support because he doesn't want to end up in jail but is willing to provide her for whatever she needs. The baby's mom won't allow visitation without her there. Any information would be helpful!
Oh my. I can only assume that your boyfriend has not established any legal rights to the child as it was born out of wedlock. Fathers of children born our of wedlock have no rights to see their child until they obtain a Final Judgment of Paternity in circuit court. Does your boyfriend have any interest in his own child? If he (somehow) has his parental rights terminated; there are no "do-overs" or exceptions.
I would respectfully suggest that you have your boyfriend look into his legal and financial obligations instead of dumping them into your lap. Of course, that is between the two of you. Ultimately, he needs to determine if he is going to be fixture in the child's life. Finally: in the event that he does not want to part of his child's life, wouldn't that be a sign to you that maybe this isn't the person that you want to have a LTR and/or marriage with? I'm just being very candid here---please do not take offense. Because, if you were to become pregnant, what would be reasonable for you to expect under the circumstances?
I wish I could be of more help. Unless there is some clarity as to the role of the father in the child's life; there is much to be learned still. Good luck.
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He can't sign over his rights. Florida law does not allow for him to abandon his obligations to the child or forfeit his rights.
There is no cause of action for abandonment. If she wants child support, or if he wants to see the child - one of them needs to file a paternity case.
I seriously doubt a judge would allow a name change to the mother's boyfriend's last name.
As my colleagues have pointed out, if there has not been a paternity action, the biological father has no rights. Florida law states that “The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.” Florida Statute §744.301(1)
Any affidavits signed would not be effective in waving the father future rights to file for paternity and timesharing with his child. Finally, I agree with Mr. Mullaney, that a court is not likely to allow you to change your child's name to your boyfriend.
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