Help...

[vincentsmommy06]

I live in Florida. My son is now 2. When he was born, his biological father signed the birth cert and I am almost positive he signed an affidavit as well (I believe you have to if you want to sign the birth cert unmarried)... So, we have been split since about 3 months after our sons birth. He recently got sentenced to 5 years in prison. He is an unfit parent and I want our sons last name to be mine rather than my x's. My x has never been a father to our son and he has never been around... So therefore I don't feel he deserves our son to have his name. Not being selfish, he is just an extremely unfit parent.... Not only that but I have been in a serious relationship with someone who is our sons true father and our son calls him Daddy... I want to know if I can get our sons last name changed to mine and not have any issues with changing it... Does the court have to get approval from my x in prison or will they most likely grant me that since they will see he is an unfit parent... Someone please let me know, I would like to take care of this before he gets out of prison so my new happy family doesn't have any difficulties... Thank you in advance...

 

[seniorjudge]

I live in Florida. My son is now 2. When he was born, his biological father signed the birth cert and I am almost positive he signed an affidavit as well (I believe you have to if you want to sign the birth cert unmarried)... So, we have been split since about 3 months after our sons birth. He recently got sentenced to 5 years in prison. He is an unfit parent and I want our sons last name to be mine rather than my x's. My x has never been a father to our son and he has never been around... So therefore I don't feel he deserves our son to have his name. Not being selfish, he is just an extremely unfit parent.... Not only that but I have been in a serious relationship with someone who is our sons true father and our son calls him Daddy... I want to know if I can get our sons last name changed to mine and not have any issues with changing it... Does the court have to get approval from my x in prison or will they most likely grant me that since they will see he is an unfit parent... Someone please let me know, I would like to take care of this before he gets out of prison so my new happy family doesn't have any difficulties... Thank you in advance...

You did not give any facts that would lead to an involuntary termination of parental rights.

However, you need to consult with a lawyer to see if it is possible.

 

[Gracie3787]

I live in Florida. My son is now 2. When he was born, his biological father signed the birth cert and I am almost positive he signed an affidavit as well (I believe you have to if you want to sign the birth cert unmarried)... So, we have been split since about 3 months after our sons birth. He recently got sentenced to 5 years in prison. He is an unfit parent and I want our sons last name to be mine rather than my x's. My x has never been a father to our son and he has never been around... So therefore I don't feel he deserves our son to have his name. Not being selfish, he is just an extremely unfit parent.... Not only that but I have been in a serious relationship with someone who is our sons true father and our son calls him Daddy... I want to know if I can get our sons last name changed to mine and not have any issues with changing it... Does the court have to get approval from my x in prison or will they most likely grant me that since they will see he is an unfit parent... Someone please let me know, I would like to take care of this before he gets out of prison so my new happy family doesn't have any difficulties... Thank you in advance...

You should get a consult with a local attorney to see if what you feel is being unfit, is the same as what the law says is unfit. You'll also need to be able to prove your case in court. Not something that should be done pro-se. You can get a consult by calling the Florida Bar Lawyer Refferal service at 1-800-342-8011.