So my ex is taking me to court for custody of my 2 year old child. He wants 50/50. The other thing he is asking for is changing my daughters last name to his! We were never married and he kicked me out of his house when I was 5 months pregnant claiming the baby wasn't his. Fast forward a couple of years, he has been involved, pays child support, and overall is a good dad. However, I don't want her last name changed...he didn't even claim her in the beginning!! So upsetting. Anyone know how this works in the courts in Colorado? Thanks a lot!
do you have a lawyer...if not i recommend Adam Moore. He's located in Aurora I believe. if you need more infor message me.
This exact thing is happening to my sister in law. They were common law married so she could be on his health insurance while pregnant. But he kicked her out when she was 7 months pregnant. He then said that the baby wasn't his. After the baby was born, they were fighting so she listed him as the father but gave the baby her last name. She spent $8000 on attorney fees to annul their marriage and establish child custody agreement and she had to verify paternity through DNA testing.
The court determined (when the baby was 6 months old), that the father could get 2 days a week with one overnight. As part of their custody agreement, the father wanted the baby to have his last name. My SIL agreed to this.
However, the dad has not done the necessary paperwork to process the name change so my nephew still has the mother's name.
You should probably get an attorney to help you through the process.
I don't know if they can make you change her name or not. Did he sign the birth certificate? If he did then you could fight he agreed to her last name. If he didn't then you can show he wasn't there for the birth.
If he is a good dad to her then I would try to get it more 75/25. She needs to be with her mom until she is a little older imo. Once she is around school age then maybe 50/50.
This is all my opinion. I would for sure get a lawyer to help you!
attorney, attorney, attorney! please do get one. I think the important point is whether his name is on the birth certificate - otherwise, I believe he will have to get a DNA test to prove paternity.
