Hi, my son is 2 years old and I have asked my sons father if he would agree to sign over his parental rights, because he abandoned our son a year and a half ago and he agreed but I got my sons birth certificate in the mail and his fathers name isn’t on it but my son does have his last name, how do I go about to changing his last name to my last name? the father agrees to changing his last name to mine and if the fathers details aren’t on the birth certificate does he have any rights anyways?
QLD Father not on birth certificate
- Thread starter TaylahB1998
- Start date
Start by reading this.
It can help to understand that there is no link between what name a child carries
and the father's obligation to pay Child Support.
Do not be naive here - What's actually happening is that the father is trying to get out of paying Child Support.
Don't let him.
It can help to understand that there is no link between what name a child carries
and the father's obligation to pay Child Support.
Do not be naive here - What's actually happening is that the father is trying to get out of paying Child Support.
Don't let him.
It would help if you briefly explain what is it you are wanting to achieve by this? ...
If it's just to do with the name change, then the link @Tim W provided will help.... If it's to remove his right to see the child, that won't work.
If he is the biological father, regardless of who is named on the birth certificate, or child's surname, the fathers right to file for orders to see the child remains, as does the child's right to a relationship with him... Doesn't mean he would be successful, but that right can't be removed by any agreement, verbal or written.
If his father isn’t on the birth certificate does he still have rights to my son?
If he is the father of the child (this does not seem to be in dispute so whether his name is on the birth certificate or not is irrelevant I'd think), the child has a right to a meaningful relationship with the father. Parents have obligations. I agree with the above statements. You may obtain sole responsibility as a parent for your child and this may absolve the father's responsibility to pay child support to some extent. If he still chooses or demands to have visitation or "access" to the child then this is something that cannot really be stopped no matter the parenting arrangement. It is important to distinguish between parental responsibility and parental care.
Depends what you mean by "rights".
For example, is there an automatic, unconditional right for the "absentee" parent to have visiting/ access,
that arises out of paying Child Support?
Short answer - "no".
What there is however (as @Rosscoe alludes to above) is that the child has
a right to know and have a relationship with their father,
but only so far as that can happen safely.
Yes, the father can apply to have some sort of visiting arrangement with the child.
But such an application is not granted automatically, nor as of right.
Nor is it always and automatically complete and unconditional.
On the up side - you have a good argument that the father is trying to evade (run away from)
his parental responsibilities.
Things like agreeing to surrender his share of parental responsibility,
trying to get out of paying Child Support, but still wanting to intervene, casually, at random,
and only when he feels like it, in the child's life.
What you actually want here is a thing called "Parenting Orders" from the Family Court.
@TaylahB1998 Assuming you are not disputing he is the biological father, then I agree what you need is parenting orders.... You should most definitely apply for them.
.... If dad doesn't respond to your application, AND OR you can satisfy the court that dad wants nothing to do with the child, you *may* be granted sole parental responsibility... That will allow you to do some things that may otherwise require dads signature... applying for a passport for the child for example.
Dependent on your particular circumstances (of which we know nothing) but assuming there is no compelling reason to do so, the chances of the court making an order forbidding dad from filing a future application to see his child? ... Almost zero.
Child support (not that you have raised it as an issue) & whether it is or isn't being paid, either out of deliberate avoidance or circumstance, is given no consideration in the act in deciding parenting orders, or time spent with a parent...not in court, not in mediation or anywhere else.
If your motivation is to have dads rights to apply for parenting orders to see the child removed for all time.... You won't get it. Not from any agreement, and very likely not from court.... If dad agrees to have someone adopt the child, THEN he will lose parental responsibility & his right to seek parenting orders.
.... If dad doesn't respond to your application, AND OR you can satisfy the court that dad wants nothing to do with the child, you *may* be granted sole parental responsibility... That will allow you to do some things that may otherwise require dads signature... applying for a passport for the child for example.
Dependent on your particular circumstances (of which we know nothing) but assuming there is no compelling reason to do so, the chances of the court making an order forbidding dad from filing a future application to see his child? ... Almost zero.
Child support (not that you have raised it as an issue) & whether it is or isn't being paid, either out of deliberate avoidance or circumstance, is given no consideration in the act in deciding parenting orders, or time spent with a parent...not in court, not in mediation or anywhere else.
If your motivation is to have dads rights to apply for parenting orders to see the child removed for all time.... You won't get it. Not from any agreement, and very likely not from court.... If dad agrees to have someone adopt the child, THEN he will lose parental responsibility & his right to seek parenting orders.
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