Legal Question in Family Law in Mississippi

Child visitation

I have a 15 month old son and I am getting married in june. My son's father had no contact with me the whole time I was pregnant and I got involved with someone else when I was 2 1/2 months pregnant. He is who I am marrying. Now his dad wants visitation and his last name changed. We are living in Mississippi now, but are plannin on moving away(out of state) and his dad lives in miami,fl. I let him see him some this summer and gave him the chance to see him at my mom's house but he sometimes never showed. Is ther any way around changing his last name or around visitation? My son has no idea who he is and his dad is expecting him to come to fl. for the summers. what do I do? Is ther another state that will look at this case differently if I am married to who my son thinks is his father?


Asked on 5/06/04, 7:38 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Child visitation

You don't have to agree to the father's proposal for a name change and summer visitation, and the courts should not find it in the child's best interest to change his last name to something different from yours. Once you marry though the father has a stronger argument for changing the child's last name.

Regarding visitation, all courts will require what they believe is reasonable visitation under the circumstances. It doesn't make sense to deny visitation because the father has not shown a lot of interest in the past. It makes sense to encourage the father to establish a stronger relationship with the child since he will have to help support and raise him for the next 20 years. On the other hand, if your objective is to have your fiance adopt the child once you are married, it would make sense to tell the father your intentions after you marry so he can assess what he thinks is best for the child. If he opposes the adoption, don't sabotage his contacts with the child. You will only strenghten his resolve to resist the adoption just to spite you. Instead, give him opportunity to tire of the burdens of child support and coordination, and the costs of visitation transportation. If he doesn't tire, that's ok because your child will be essentially raised by his stepfather and you, and the birth father will be giving the child the gift of having a third parent to enrich his life.

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Answered on 5/07/04, 8:26 am


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