The Bio Father Wants His Name Changed Update 6/18/12
I have two children. My oldest is not my fiance's biological child. We met when I was pregnant. The biological father skipped states a week after I told him I was pregnant. He was "happy" there was someone to raise and support my oldest because he "couldn't" (wouldn't is more like it). I keep him in the loop out of kindness, because he didn't care much otherwise. Would call every few months. That's about it. Baby was born and my fiance signed the birth certificate. Again, there was no issues from the Bio father.
I don't mind the bio father being gone because he was toxic anyway. I conceived my child in a toxic place filled with drugs. The bio father still does drugs, and illegally. He also has custody issues with his other children's mothers. Apparenly they're all "cracked out" over there. Bio father smokes weed (no license, not medical) every single day. He's been high while taking care of children. Etc etc. (just showing you his character).
Over two years have now passed. Bio father calls once every couple months. Makes promises to send a birthday gift or a Christmas gift, or some type of money. I never push the issue because he's a liar and my son wants for nothing anyway. To this day have not received anything from said man. All of a sudden he posts on Facebook (ugh, that stupid dreadful website) that he's going to contact a lawyer and push for his rights and get "his" son's name changed. Mind you, he's still half the country away, with no hopes of returning.
Our original agreement was verbal. He can come see my child, call my child, visit with him and etc whenever he wanted. As long as he never pushed to have the rights enforced. He agreed. Now, all of a sudden, after two years, he says he's upset that my child does not have his last name and that he is not on my child's birth certificate. When he was fine with it two years ago.
I know he can legally push for his rights. I am not intending for him not to be able to have communications with my child. I am just hoping he can't change my child's last name. Isn't it too late for that? The child has grown up with this name and knows his name.
If it helps, I'm in Texas and bio father is in Oregon.
Ok here's what we decided to do:
Based on the Texas Abandonment laws, we have decided that if he pursues this, after establishing paternity we will file abandonment and have his rights terminated.
I quote our laws as follows:
The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has:
Voluntarily, and with knowledge of the pregnancy,
abandoned the mother of the child beginning at a
time during her pregnancy with the child and
continuing through the birth, failed to provide
adequate support or medical care for the mother
during the period of abandonment before the birth
of the child, and remained apart from the child
or failed to support the child since the birth;"
He sent me an email that says:
"Talked to a lawyer today they will be getting ahold of you soon for a paternity test"
I have heard diddly squat from him or his "lawyer" about anything. How long does it generally take for a lawyer to contact someone in a case like this? Still waiting...
Still nothing from him or his "lawyer." I got a "Happy Mother's Day" Text from an unknown number on Mother's Day. I replied "Thanks! Who is this?" With no response. Well I recently made a fake fb account and added him quite a while ago. I screen shot all the shit he says about weed, and hurting people, etc etc. I hadn't logged onto that one in a while, so I logged on yesterday. Saw he posted a new number (to someone else). I saved it to my phone. Well was going through deleting texts and saw one from him on Mother's Day. He was the "unknown" texter. Stupid ass. Anywho, I doubt I'll hear from him or his "lawyer" anytime soon.
I do find it funny though, that this all started when I he told me he'd send my son a birthday gift and some money with his taxes to "help out" with him, and I asked about it over a month later (twice. a few weeks apart) with NO response. Apparenly he got upset I was asking about the money and bday presents that he offered me. *snort* What a douche. LOL.