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Old Mar 18th, 2010, 15:39 PM   #11
trashit
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definitely DON'T give her his surname. If i were you i wouldn't put him on the birth cert, he sounds like a TWAT. And the second he goes on that he has the same rights as you, he can get her a passport, he has as much say as you in what happens to her medically... gosh it makes me cringe to think of FOB having as many rights as me *shudders*
I don't think he will seriously take it to court, but if he does i doubt he'll have a legs to stand on. x


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Old Mar 18th, 2010, 16:03 PM   #12
rubixcyoob.
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I know that the laws in Scotland and the USA are fairly different but I am sure they are the same in the foundations. Luckily I'm studying Family Law atm

1. A parent can name a child anything they want - within reason. You do not need to give your child either of your sunrmaes and they can have their own whole unique name if you really wanted. He cannot and will not have a case in court under the surname issue as you are not breaking any laws.
2. He says your daughter either has his surname or he will forfeit any rights to her? This sounds like he wants all or nothing. Don't give your LO his surname and by the sounds of it he won't want anything to do. When going to register the birth you can go alone - even though you know who the father is - and tell the registrar that you want just your name due to the fathers threatening and harrassing behaviour. This will stop him having any right what so ever to your child. He won't be allowed visits etc unless he goes to court and gets his name put on by them. But even if that happens, it will still be supervised/joint custody so he cannot take LO without breaking the law and being arressted and jailed for abduction.
3. He says he wants to take LO when she is older because you won't be a fit mum? By the time LO is older she will have seen what an amazing mum and douchebag he is and will probably refuse downright to go anywhere with him and perhaps even see him so don't worry.

That's the basics of it all but if you are still worried or his behavious gets any worse then do not hesitate to get a solicitor involved and they can apply for restraining orders, which won't help his case at all .
Oh and you being 18 just before her birth doesn't differentiate you in the eyes of the law from any other mother in that situation.



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Old Mar 18th, 2010, 17:43 PM   #13
MikaylasMummy
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i am not sure what the law is where ur from hun but in australia my friend is going through a battle for her daughter as the fob wants her an extra 3 days a fortnight(instead of the two he gets at the moment) and her legal aid said he is lucky to be getting his two days a fortnight as the court beleives it is detrimental to a baby under 3 to be away from its mother at all..so there is no chance a court will allow him even half custody as the child needs its mother..
as for the name thing once again it could be completely different but here you can name your child as your last name as you want but make sure u do it straight away when it is born because if u cave and let him have his surname or both it is much harder and you will have to take him to court to change it..there is no way a court will allow him to change her surname when you have primary custody..which you will..and you are not married..goodluck and stay strong!make sure u write down and save all contact with him and dates.xo


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Old Mar 18th, 2010, 17:49 PM   #14
BrEeZeY
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like Ellie said dnt put his name on the birthcertificate, nd start tellin ur mom whats goin on cuz she will need to know to give u the best advice ~ he doesnt have a leg to stand on nd next time he says something jst say ur lawyer said ur not married so she wont have his name, scare him with the thought of u havin a lawyer... he most likely wont take u to court considerin he told u if u didnt he would sign over rights... good luck hun! xx <3 if u need to tlk u can pm ill give u my number i went thru this too!


 
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Old Mar 18th, 2010, 17:52 PM   #15
~RedLily~
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i was looking into not having fob on the birth certificate and i think the law changed recently and its not an option. you have to pay like £200 to not have his name and then if the fob finds out and argues it he would get control of the baby. i dont know if this is true but i read an article along these lines. im going to see a solicitor at some point so i will be checking this out


 
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Old Mar 18th, 2010, 17:59 PM   #16
rubixcyoob.
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In Scotland thats still not the case, maybe not in the USA. I'm sure if the woman can prove it would be detrimental to her and the baby to have the father on the birth certificate then he doesn't need to be and by the behaviour her FOB is showing that would be the case.
But I might be mistaken lol. My texts books are from 2008 since its the most up to date ones.



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Old Mar 18th, 2010, 18:12 PM   #17
jelix9408
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your not married ... so theres no reason for her to have his last name if you dont want her to.

and he cant take her away unless he proves your an unfit mother.

and it shows your no where near that.

he couldbe talking a bunch of crap .. but he seriously needs to grow up.


 
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Old Mar 18th, 2010, 18:26 PM   #18
JoJo16
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hey hun i was having the same probs with you and still am. my fob was going to take me to court n all tha shizz bla bla bla. basically if hes not on the bc then he has no rights what so ever (in the uk anyway) so for him to then take you to court to get parental responsibility will ake months in which time you would have already registered her name.

you dont even have to let him see her untill he has been to court and then will give him times n days. my solicitor said about an hour a week. but anyway after all the threatening my fob realised he couldnt do anything and i havnt heard or seen him in about 6 weeks. if he wants to take me to court it will cost him and he is missing out on her growing up.

dont give him anything to go with because if you say u cant see her then the court will see your not willing to sort things out. i gave my fob 2 hours a week and he wasnt happy with it and thats his fault and the court will laugh at him because hes being relly immature about it.

i dont want fob anywhere near me but id rather bie my tongue and try and sort things before it gets to court because i dont want someone else telling me when someone can have my daugher and for how long. i hope things get sorted because its horrible i no exactly how you feel xxxx


 
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Old Mar 18th, 2010, 18:28 PM   #19
JoJo16
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Quote:
Originally Posted by Kirsty90 View Post
i was looking into not having fob on the birth certificate and i think the law changed recently and its not an option. you have to pay like £200 to not have his name and then if the fob finds out and argues it he would get control of the baby. i dont know if this is true but i read an article along these lines. im going to see a solicitor at some point so i will be checking this out
i doubt they would give a father all custody of a baby just because the mother didnt put his name down. x


 
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Old Mar 18th, 2010, 18:59 PM   #20
~RedLily~
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Quote:
Originally Posted by JoJo16 View Post
Quote:
Originally Posted by Kirsty90 View Post
i was looking into not having fob on the birth certificate and i think the law changed recently and its not an option. you have to pay like £200 to not have his name and then if the fob finds out and argues it he would get control of the baby. i dont know if this is true but i read an article along these lines. im going to see a solicitor at some point so i will be checking this out
i doubt they would give a father all custody of a baby just because the mother didnt put his name down. x
yeh i thought it was weird so maybe it was worded badly i dont know but it basically said you cant get away with just leaving it blank.


 
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