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Father gone

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beverlymj

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

I have twin boys that are now 3 months old by my ex. We were never married, and have no custody/child support agreement in place. He has not been involved in their life since the day they were born, didn't sign the birth certificate, hasn't paid child support, and hasn't contacted us since a few days after they were born. I did have contact with his mother, however, I did stop communicating with her as she is under the influence of drugs and most of the time is incoherant (she takes zantax and methodone.) From what I have recently found out, he is in jail on a violation of probation for failure to pass a drug test (he smokes marijuana and has been known for other drugs as well.) He also has had multiple restraining orders placed on him by his mother, his ex (whom he also has a child with, he lost visitation due to his drug habit and is over 4,000 in arrears for child support), and his ex's sister. He went and filed a temporary one on me while I was 8 months pregnant to prevent me from having contact with his mother (he does live with her now and is supposed to go back to her home once released from jail), he didn't show up for the extension and did tell me after the case was dropped that he had filed one to make me angry. He also has a lengthy record including auto theft, possesion of stolen property, violation of restraining orders, and breaking and entering with intent to commit a felony. Most of those charges were continued without a finding, the breaking and entering dropped down to a misdemeanor, and he was ordered to probation as well as a batterer's program. I have a few questions: their birth certificates have no father listed however they do have his name as he told me he would sign them before I left the hospital (which he didn't), can I have their last names legally changed to mine? My other question is, should he come out of jail and want partial custody what is the court procedure going to look like and what will most likely happen? I'm afraid that if they go to their grandmother's home and are around their father without supervision, they will be exposed to drugs and an unsafe environment.What is the name of your state (only U.S. law)?
 


stealth2

Under the Radar Member
I'm not asking this to bash you, but to try and understand (because we hear this so often). WHY did none of what you say about Dad, his family and his history matter when you chose to make kids with him? And if it didn't matter then, why do you think anyone else should think it does now?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

I have twin boys that are now 3 months old by my ex. We were never married, and have no custody/child support agreement in place. He has not been involved in their life since the day they were born, didn't sign the birth certificate, hasn't paid child support, and hasn't contacted us since a few days after they were born. I did have contact with his mother, however, I did stop communicating with her as she is under the influence of drugs and most of the time is incoherant (she takes zantax and methodone.) From what I have recently found out, he is in jail on a violation of probation for failure to pass a drug test (he smokes marijuana and has been known for other drugs as well.) He also has had multiple restraining orders placed on him by his mother, his ex (whom he also has a child with, he lost visitation due to his drug habit and is over 4,000 in arrears for child support), and his ex's sister. He went and filed a temporary one on me while I was 8 months pregnant to prevent me from having contact with his mother (he does live with her now and is supposed to go back to her home once released from jail), he didn't show up for the extension and did tell me after the case was dropped that he had filed one to make me angry. He also has a lengthy record including auto theft, possesion of stolen property, violation of restraining orders, and breaking and entering with intent to commit a felony. Most of those charges were continued without a finding, the breaking and entering dropped down to a misdemeanor, and he was ordered to probation as well as a batterer's program. I have a few questions: their birth certificates have no father listed however they do have his name as he told me he would sign them before I left the hospital (which he didn't), can I have their last names legally changed to mine? My other question is, should he come out of jail and want partial custody what is the court procedure going to look like and what will most likely happen? I'm afraid that if they go to their grandmother's home and are around their father without supervision, they will be exposed to drugs and an unsafe environment.What is the name of your state (only U.S. law)?
At the moment he is not legally their father, therefore you might be able to have their last names changed, but there is no guarantee. Get a consult with a local attorney to get some idea about that.

He will have absolutely no rights where the children are concerned until he established paternity and is given custody/visitation rights in court.

In all honesty, you shouldn't expect him to be any more involved/responsible with your children, than he is with the one he already has.
 

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