My child’s father and I are no longer together due to him being emotionally abusive. Because of this behavior he Wasn’t allowed at the hospital when our child was born, he also didn’t sign the birth certificate. He wants to changes the baby’s last name to his without my consent, & keeps threatening to take him. Not even 2 weeks post of me giving birth and he’s been confrontational. If I stop communicating for my own emotional and mental health reasons can he use that against me in court?
Yes he can. He is the father. He is entitled to information about the baby. He isn’t entitled to harass you, but he is entitled to information.
In the final analysis, and if this went to Court, the question for the Judge would be whether the child's father is, in fact, the father. When you say that he "Wasn't allowed at the hospital when our child was born...." you do not say who prevented him from being there. When you say that "...he also didn't sign the birth certificate.", you do not say whether he "refused" or that he was not given the opportunity.
If you "stop communicating" I doubt that your refusal to communicate would be held against you, but IF you concede that he is the father and that he wants to see his son/daughter, it is highly likely that a Judge will provide him with visitation although it appears as though the child is an infant and the Court would take that into consideration in setting a schedule.
I agree with all the answers. He doesn't have the right to harass you or be emotionally abusive, but if he's the dad, he has rights to see the child. The name change isn't automatic (courts will often hyphenate last names). All of this is very fact-sensitive. It would be advisable to get a consult with a Family Law attorney,
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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