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Immediate help please...FLA

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  • Immediate help please...FLA

    Again, writing on behalf of my boyfriend. He has a 16month old son that he has been paying non-court ordered support to his ex-girlfriend (mother of the child) since birth. He is the biological father on the birth certificate. Due to the mother being uncooperative about visitation, my boyfriend finally filed for custody papers this past Friday (4/14). Out of respect, my boyfriend informed the mother he was doing so, and not to his surprise, she freaked out. When he went to visit his son today, the mother refused visitation. She claims that she will not allow him to ever see his son again. And she said she retrived the forms to change the child's last name...

    Help!!! Can he file for an emergency hearing? and can the mother change his last name without his permission??

  • #2
    Originally posted by 4thefather
    Again, writing on behalf of my boyfriend. He has a 16month old son that he has been paying non-court ordered support to his ex-girlfriend (mother of the child) since birth. He is the biological father on the birth certificate. Due to the mother being uncooperative about visitation, my boyfriend finally filed for custody papers this past Friday (4/14). Out of respect, my boyfriend informed the mother he was doing so, and not to his surprise, she freaked out. When he went to visit his son today, the mother refused visitation. She claims that she will not allow him to ever see his son again. And she said she retrived the forms to change the child's last name...

    Help!!! Can he file for an emergency hearing? and can the mother change his last name without his permission??
    No the mother can't legally change the last name. To change names, the court has to notify the NCP, at which time the NCP has the opportunity to respond. She may deny knowledge of the whereabouts of the NCP or even give a false address of the NCP to the court when she files the request. I suggest that your boyfriend keep all records of his involvement with his son to ensure that he can get shared parenting rights. Don't worry about the name change, that won't fly. There will be a support order, but since he already has no problem supporting his son, he can just lay back and wait! PS... Unless the mother is totally unfit, all your bf can get is shared parenting... that is if he is fit too have it?
    Some live and learn while some learn to live

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    • #3
      thank you, that relieves some stress! And yes he is a very fit parent, no problem ever with the law, and what exactly constitutes as "shared parenting". I thougt that in order to get that, the parents have to agree. They obviously don't in this case. When he filed, he gave her the rights to CP and he just wants Two nights a week and every other weekend. How likely is it that he will be awarded that request? He filed Pro Se here.

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      • #4
        Originally posted by 4thefather
        thank you, that relieves some stress! And yes he is a very fit parent, no problem ever with the law, and what exactly constitutes as "shared parenting". I thougt that in order to get that, the parents have to agree. They obviously don't in this case. When he filed, he gave her the rights to CP and he just wants Two nights a week and every other weekend. How likely is it that he will be awarded that request? He filed Pro Se here.
        I hate to be the one to tell you this, but until there is an order, she can refuse to allow visitation. It is a very stupid move on her part, because your bf will go into court and truthfully state that she is denying visitation. Yeah, that will go over well. So, while it is a pain right now, it may be for the best in the long run to let her hang herself with her own rope. Just tell your bf to keep trying and deep a record of every time she refused to allow visitation. The norm is 1 night a week (usually Wednesday, but not always) and eow. Seeing as how she is showing the court how difficult she will be, he very easily could be awarded more. If he is granted joint or shared custody, it will probably be LEGAL custody. That means that he will have the right to have input into any and all decisions made on the child's behalf. Honestly, while it is an admirable goal to have two parents share the decisions, sometimes it is more trouble than it is worth. That is something your bf will have to consider. I don't think he is asking too much, as it is. Good luck.

        And, no, she will not be able to change his name. She could possibly add her maiden name onto his name, but she will not be able to remove your bf's. So you can relax.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

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