Legal Question in Family Law in Virginia
My son starts kindergarten this Aug. and I have been trying to get his name legally changed for 2 years. His father and I were never married and there has been no contact between father and son and over 2 years. Prior to the contact 2 years ago he only saw him once or twice a year. He showed up in court last Oct. and told the judge he planned on moving here from FL within the next 6 months to establish a relationship my my son. He did not call, visit or request visitation, or move here like he promised the court so I refiled the petition. We went to court on for a hearing yesterday and he showed up again. He stood up and said he needed a laywer and the hearing ws set on Sept. 4th. I have sole custody and only get garnished child support (never the full amont). Should I file to have his parental rights taken away to help win the name change case?
1 Answer from Attorneys
No, attempting to terminate the father's parental rights for the purpose of effecting a name change for the subject child would likely fail, but hiring a lawyer to represent you in this matter would now appear highly advisable.