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going for sole custody next year

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What is the name of your state? Illinois
Ok a brief summary. I am engaged to be married next May. My son is 5 1/2 yrs old and has never really had a relationship with his father. He has told me that he wants his last name (currently his fathers) to be my fiance's after we are married.
His father is over $5000 behind on child support, and recently requested it be lowered (which child support recovery unit did without any financial info provided by him).
We (my fiance & myself) want to go for sole legal custody of my son and have his name changed once we are married.
Is there anything I can do??? His father has an alcohol problem and has had 3 OWI's in the past 7 yrs. He doesn't work, doesn't pay child support, and has a prison record (nothing real major..just alcohol, etc. problems). He has been put into "rehab" inpatient places and still is drinking. He lives with his family, no job, and only see's his son when it's "convenient" for him. My son NEVER asks about him or for him..unless we bring it up. He doesn't want to stay the night with him, only visit for a little bit.
Please give me some advice so I can have some "ammo" to go to the lawyer with.
Thanks a bunch!!

Whyte Noise

Senior Member
Sorry to say it, but you don't have a loaded gun.

In order for your husband to adopt after you are married, you are going to have to petition to have your child's father's parental rights terminated. You'll have to ask the father to sign over his rights, or go by Illinois guidelines for having them terminated if he won't voluntarily sign over those rights. You can't just change your son's name to your husband's. You have to have his fathers permission, and he has to sign away his rights in order to give you that permission.

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