Petition for Name Change by Ex-boyfriend

[Mason44]

What is the name of your state (only U.S. law)? Georgia

To provide a little backgorund, my ex and I have known each other since I was 13...in August of 2006, he totalled his car out and hurt his shoulder...which caused him not to be able to go back to work as a sheet metal apprentice...he was unable to pay his rent and had to leave...I allowed him to come and stay with me...he didn't help me pay any bills (yes, I know that was very stupid on my part and I accept full responsibility for the things that I allowed)...he has a drinking issue but curtailed it a lot...but not enough...I asked him to not drink in my car...one night he left got totally drunk...got in trouble with the police and was arrested with 3 felony charges for obstruction to law enforcement and assault on law enforcement (which is still pending)...we went back and forth about a lot of issues and 7 months later I was over it and let him know if he didn't get himself together then he could leave...I was 6 weeks pregnant and he left to go and live with his oldest child's mother...throughout my pregnancy I would email him updates about the doctor's appointments....I tried to remain civil for our son...

I had our son in December 2008...he came to the hospital on the last day that I was there....and spent about 45 minutes with him...he brought some diapers, hats and a sleeper outfit...I hadn't heard anything else from him...but I continued to email him about our sons doctor's visits...about a month later our local child support office contacted me about him wanting to start the process...then a week later he requested DNA...it came back as his son...we went to court about the child support well I had just gotten laid off at my job but worked seasonally at the IRS but my wages were short of the 40 hour min. wage requirement...he didn't have a job (and hasn't worked since 2006, so why he put himself on child support is still a question of interest) but they based the support on him being able to work a 40 hour min. wage job...his monthly payment is 223 a month...but he wouldn't consent because he wasn't working...he was upset with the amount and mad at me...I told him that he shouldn't be mad at me...he put himself on child support...long story short the judge told him that was the lowest he could go by GA law...his first payment was for May 1...he made a 50 dollar payment May 27...no payment for June...and July is knocking on our heels...

Well I received a petition from him under a Poverty Affidavit requesting legitmation and that I change our sons last name (my maiden name) to his...he has never called or emailed me to ask about him...he has only contributed 50 dollars in 6 months...he receives food stamps but has never even gotten our son a can of milk...but now he wants me to change his name...and mind you, I emailed him after our son was born and asked him when he could go to Vital Records or the hospital to get his name on the birth certificate...he never responded...I always mentioned in my emails that he should come and bond with his son...but he never responded...I know he received my emails because he told me so...

My question is do you think the judge will force me to change his last name...and also if they would, could I suggest that if last name must be included may it be my last name then his...

I greatly appreciate any advice...What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Ohiogal]

It is very possible that the baby will carry his last name. The child is NOT that old and quite frankly until there was a child support order, dad did NOT owe anything. He is only two months behind. And he made a partial payment. That is NOT a lot. Money is NOT how judges are to make their decision on names. You may be able to hyphenate his name with yours first. Dad had EVERY right to get a paternity test -- that is just smart of him. I encourage all unmarried couples to have a paternity test done. I also encourage NO ONE to pay child support without a court order in place. It is just being smart. So the judge is not going to care that this man did those things and if the baby was just born in December -- I assume you meant 2007 not 2008 -- he didn't wait any time at all to get started on legitimation and custody/visitation.

 

[LdiJ]

Judge really really really like the compromise of hyphenating a child's last name. IE Smith-Jones. I would recommend that you simply agree to that.

He probably put himself on child support because that was the least expensive way to get a DNA test ordered to establish paternity.

 

[Mason44]

Thank you for your response...and my apologies, I did mean December 2007...and I understand that the judge will not base his or her decision upon money...I haven't denied him the right to see his son...he has chosen not to call, email or write to even inquire about him...the paternity was established at the end of February so regardless of any child support he should have at least wanted to know what was going on with his son and tried to contact me about him...but that is a character issue moreso than a legal one...and again, I take full responsibility for my actions when making our child...it doesn't rest solely on his shoulders...I don't hate my sons father, I'm just very disappointed in his actions...

Also, he wants the judge to look at the amount of child support and change that...as stated in OP, the judge set the amount by GA law as the lowest amount that he could render...my sons father has yet to get employment and was also ordered to provide medical insurance...in your opinion, will the judge try to lower his amount because he is not working and filed this petition under the Poverty Affidavit...

 

[Humusluvr]

Thank you for your response...and my apologies, I did mean December 2007...and I understand that the judge will not base his or her decision upon money...I haven't denied him the right to see his son...he has chosen not to call, email or write to even inquire about him...the paternity was established at the end of February so regardless of any child support he should have at least wanted to know what was going on with his son and tried to contact me about him...but that is a character issue moreso than a legal one...and again, I take full responsibility for my actions when making our child...it doesn't rest solely on his shoulders...I don't hate my sons father, I'm just very disappointed in his actions...

join the club

I would agree to the hyphen.

Also, he wants the judge to look at the amount of child support and change that...as stated in OP, the judge set the amount by GA law as the lowest amount that he could render...my sons father has yet to get employment and was also ordered to provide medical insurance...in your opinion, will the judge try to lower his amount because he is not working and filed this petition under the Poverty Affidavit...

I think the judge will tell him to get a job and support his child. And pay his arrears.

 

[alonzobaby32]

What is the name of your state (only U.S. law)? Georgia

To provide a little backgorund, my ex and I have known each other since I was 13...in August of 2006, he totalled his car out and hurt his shoulder...which caused him not to be able to go back to work as a sheet metal apprentice...he was unable to pay his rent and had to leave...I allowed him to come and stay with me...he didn't help me pay any bills (yes, I know that was very stupid on my part and I accept full responsibility for the things that I allowed)...he has a drinking issue but curtailed it a lot...but not enough...I asked him to not drink in my car...one night he left got totally drunk...got in trouble with the police and was arrested with 3 felony charges for obstruction to law enforcement and assault on law enforcement (which is still pending)...we went back and forth about a lot of issues and 7 months later I was over it and let him know if he didn't get himself together then he could leave...I was 6 weeks pregnant and he left to go and live with his oldest child's mother...throughout my pregnancy I would email him updates about the doctor's appointments....I tried to remain civil for our son...

I had our son in December 2008...he came to the hospital on the last day that I was there....and spent about 45 minutes with him...he brought some diapers, hats and a sleeper outfit...I hadn't heard anything else from him...but I continued to email him about our sons doctor's visits...about a month later our local child support office contacted me about him wanting to start the process...then a week later he requested DNA...it came back as his son...we went to court about the child support well I had just gotten laid off at my job but worked seasonally at the IRS but my wages were short of the 40 hour min. wage requirement...he didn't have a job (and hasn't worked since 2006, so why he put himself on child support is still a question of interest) but they based the support on him being able to work a 40 hour min. wage job...his monthly payment is 223 a month...but he wouldn't consent because he wasn't working...he was upset with the amount and mad at me...I told him that he shouldn't be mad at me...he put himself on child support...long story short the judge told him that was the lowest he could go by GA law...his first payment was for May 1...he made a 50 dollar payment May 27...no payment for June...and July is knocking on our heels...

Well I received a petition from him under a Poverty Affidavit requesting legitmation and that I change our sons last name (my maiden name) to his...he has never called or emailed me to ask about him...he has only contributed 50 dollars in 6 months...he receives food stamps but has never even gotten our son a can of milk...but now he wants me to change his name...and mind you, I emailed him after our son was born and asked him when he could go to Vital Records or the hospital to get his name on the birth certificate...he never responded...I always mentioned in my emails that he should come and bond with his son...but he never responded...I know he received my emails because he told me so...

My question is do you think the judge will force me to change his last name...and also if they would, could I suggest that if last name must be included may it be my last name then his...

I greatly appreciate any advice...What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Girl, join the club with the rest of the unmarried mothers.... Not that marriage cures everything but this is what happens when a child is born in an unwed situation.