Rights to a child / Last name change.

[xoxMarblexox]

Ok this is going to sound confusing soo ill try to break it all down.


I had my daughter in Oct. 2006 she is now 3 years old
In the State of FLORIDA.

Her bio. father cheeated on me ext ext threw my pregnancy so we broke up.
I tried to give him a 2nd chance and we got back together 2 ish weeks before my daughter was born. Then more stuff went down and by Nov 14th 2006 he never saw her again.

BUT he signed her birth certificate and her last name is my last name hyphenated his last name ( BIGGEST MISTAKE IN MY LIFE )

- Im Canadian and when my daughter turned 3 months old we LEFT florida and MOVED back to Canada ( her bio father signed a consent to travel " anywhere " "anytime " ) and have been here Since March 07. She has her Canadian Citiz. ship and everything.

I havnt spoken to her bio father since like Jan 2007 ( for him to sign the form to travel ) and i DONT want child support nor have i gotten a dime from him.


SOOO this is where im stuck at what todo , i dont know the legal system at all soo i dont know what i need todo but im sure it has something todo with rights or custody.

I want her bio. father to sign over his rights ?? (( i guess ? )) soo i can travel at will and not be hassled all the time at the border ( even with the travel paper i dont want to leave the country to save me a headache at the air port )


Then im changing MY last name for PERSONAL reasons just to change my last name because i hate it soo i also want to change my daughters A- to match mine and B to remove her bio. fathers last name also.


So all in all i guess i want full custody or rights or w.e to my daughter LEGALLY ? And reminder im in Ontario , CANADA ... her BIO father is in the USA , last known FLORIDA

so i can travel and change our last names , without having to give his info ( which i barely know anyways )


lol what should i do ?? im soo lost

 

[lonelyinny]

you need dad's permission

Ok this is going to sound confusing soo ill try to break it all down.


I had my daughter in Oct. 2006 she is now 3 years old
In the State of FLORIDA.

Her bio. father cheeated on me ext ext threw my pregnancy so we broke up.
I tried to give him a 2nd chance and we got back together 2 ish weeks before my daughter was born. Then more stuff went down and by Nov 14th 2006 he never saw her again.

BUT he signed her birth certificate and her last name is my last name hyphenated his last name ( BIGGEST MISTAKE IN MY LIFE )

- Im Canadian and when my daughter turned 3 months old we LEFT florida and MOVED back to Canada ( her bio father signed a consent to travel " anywhere " "anytime " ) and have been here Since March 07. She has her Canadian Citiz. ship and everything.

I havnt spoken to her bio father since like Jan 2007 ( for him to sign the form to travel ) and i DONT want child support nor have i gotten a dime from him.


SOOO this is where im stuck at what todo , i dont know the legal system at all soo i dont know what i need todo but im sure it has something todo with rights or custody.

I want her bio. father to sign over his rights ?? (( i guess ? )) soo i can travel at will and not be hassled all the time at the border ( even with the travel paper i dont want to leave the country to save me a headache at the air port )


Then im changing MY last name for PERSONAL reasons just to change my last name because i hate it soo i also want to change my daughters A- to match mine and B to remove her bio. fathers last name also.


So all in all i guess i want full custody or rights or w.e to my daughter LEGALLY ? And reminder im in Ontario , CANADA ... her BIO father is in the USA , last known FLORIDA

so i can travel and change our last names , without having to give his info ( which i barely know anyways )


lol what should i do ?? im soo lost

you need dad's permission to change the child's name. and unless you have a husband willing to adopt, a tpr( termination of parental rights) isnt going to happen. like it or not, he has as many rights as you.

 

[jharris352]

Maybe Dee can answer you about Canadian Law but I would consider hiring an attorney to Terminate the Birth Father's rights involuntarily based upon abandonment.

This can be a bit complicated thus I am recommending an attorney. I'll take you through the steps.

1st: Hire an attorney in the county of the bio dad's last known residence. The attorney can employ a private detective to find your ex. It shouldn't be that hard.

2nd: He can, if he is inclined to, sign over all his rights and be done with the child. Hopefully he will as he obviously has no interest in the child.

If that doesn't work or you can't find him do this:

1st: Hire an attorney to file a Petition to Involuntarily Terminate the Father's rights to the child. (Yes that can be done). Your grounds are Deprivation due to Abandonment and Non-support. If he has gone more than 1 year without giving support or contact then you can file for this.

2nd: If you can not find him the Notice can be Served by Publication in the local news paper 30-60 days.

After that, if he has not filed an answer the judge will permanently terminate his rights and you will have sole custody. Then you can change her name and travel at will.

Good luck.