Legal Question in Family Law in New York
Help my Lawyer change my baby's name
Married 10 years - Left my wife and kids - found a girl - life was rosey and I agreed to get her pregnant. Six weeks later she's living with someone else. My wife, the saint, takes me back. When the baby is born girlfriend gives the baby his surname and now wants me to pay support and not be involved. He won't adopt even though she's pregnant with his baby. My wife and I want the baby to have my surname, custody/adoption would be nice. My lawyer says the name change is law but can't find the law. Confused? Me to! What's the law, where do we look?
3 Answers from Attorneys
Re: Help my Lawyer change my baby's name
You made a mistake and you will have to accept the consequences [paying child support]. It is not reasonable for you to expect someone else to bail you out by adopting your child.
You will have to pay chld support based on 17% of your Gross Income, less FICA. The fact that you are supporting other children will relieve not you of your obligation, nor will it enter into the computation.
It is the first child to get the [support] order that counts. Suggest you speak to an experienced matrimonial attorney about the possibility of your wife obtaining a support order for your children with her BEFORE the other child is born.
Hope this helps.
www.BravermanLawFirm.com
Re: Help my Lawyer change my baby's name
I am confused as to your question. Do you and your wife want to adopt this child? Are you sure its your child? You say that "she's pregnant with his baby..." do you say that because she is giving the child his last name? If you pay child support you should be able to get visitation, but you should first establish paternity. You said you have a lawyer, if you don't understand what he advises then ask questions. In order to give a proper answer to your questions, one would need to have alot more information.
Re: Help my Lawyer change my baby's name
If your lawyer can't help you, my advice to find a new lawyer who can. Your situation is not very complicated. You will not be able to adopt the child without the mother's consent (not forthcoming); you will not get custody of the child absent showing the mother to be unfit; you will not be able to avoid paying child support; you will get visitation if you want it. Be happy that you have a saint by your side. Your time and energy would be better spent focusing on that relationship.