You are actually talking about a lot of issues here. First of all, you need to file for custody in the child's home state. That might not be Nebraska at this point depending on how long you have lived here. Second, full custody might be possible, but it will be very difficult to convince a judge that the father should never see the child. You will need an attorney for this. As to changing your child's last name, that might be possible without the dad's permission if you can convince a judge that it is in the child's best interest and that it is necessary. You cannot take his name of the birth certificate unless your child is adopted (legally) by another man. For example if you were to marry and your husband was to adopt the baby. Judge's do not like to bastardize children.
I'm sure this is an overwhelming amount of information, which is why you will want an attorney. Legal aid may be able to help you (Google "Legal Aid Nebraska" for the number) or the Creighton Legal Clinic. If they cannot help you can usually find an attorney to work at a reduced rate who will take a payment plan. Our office offers these things, but you might start with the Clinic and Legal Aid first.
I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.
You should file for custody and request that the father have no contact with the child. It sounds like he was not legal when you too had the sexual contact, so I think it will be easy to have the matter resolved in your favor. Give us a call for a free consultation to help you answer any additional question. Our number is 402-455-1711 to set up a free initial consultation.
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