My son is now 6 months old the last time our son has seen his dad he barely turned 2 months and since then his dad hasn't shown back up. His dad has asked to send him pictures of how big our son has grown and has told me that he will be coming over and doesn't show and didn't come on the day of xmas and I don't want my son growing up and dad is making broken promises, also his dad has schizophrenia and has told me he hears voices but he also smokes weed heavy and I documented how things went while we were visiting for a few day like how his dad forgot to feed the baby, taking smoke breaks, leaving our son in my care in his house for long periods at a time while spending time with his now 3 year old son from a previous relationship. will I be able to change son's last name from dad's to mine
The father of a child born outside of wedlock has no parental rights unless and until he establishes them by court order. That also means that the mother has full, sole legal and physical custody rights to the child, unless and until dad files to establish his rights. Currently you have full custody. Have you pursued child support? If not, why not? He should be helping support his child, whether he is an involved parent or not. Changing the child's name is a different matter. The father would have to consent to it. If he will not consent to it, then the only way to make it happen would be if you get married and your husband wants to adopt the child, which would include the termination of the bio dad's relationship and obligation to pay support.
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