Legal Question in Family Law in Pennsylvania
Name Change
My ex boyfriend and I had a child together. He gave the baby his last name. We are no longer together and I want to change the child's name to mine as he wants nothing to do with her. He pays me no child support and does not help me out whenever she needs anything. He wants to control my life by constantly threatening me that he is going to take her away from me just to get back at me. I want her name changed to mine. Can you please help me. Also can I give custody of her to my mother without him being able to do anything just in case something happens to me.
2 Answers from Attorneys
Re: Name Change
If he is not supporting the child and has not seen the child for 6 months you may be able to have his parental rights terminated.
Re: Name Change
You are entitled to child support, and if you have not already done so, you should file for it. I would also protect yourself by getting an order confirming that you have sole legal and physical custody of the child. He would have the right to ask for visitation rights.
As for the name change, you would have to have a petition prepared and filed and there are notice requirement, including to the father. As for terminating his parental rights, under certain conditions you can try to do so, however, the court probably would not grant it, unless there is a step-parent who is planning on adopting the child.
As for leaving the child to your mother, I would suggest that you have a Will prepared, naming her as guardian of the child in the event something happens to you.
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