Legal Question in Family Law in California

My daughter will be 2 in November 2012. Me and her father were together for 11 months and broke up when we found out I was pregnant. He wasn't there when she was born nor did he sign the birth certificate. In February of 2011, we got back togethe but he lived 300 miles away. In Jume 2011 we moved in with him until August2011. We ended up getting a restraining order and he was charged with domestic violence, and was ordered to do AA classes. We haven't spoken since. He never did his classes and now plans on going to jail to clear up his warrants and then wants to either see her or fight for custody... What exactly can happen and what should I do if I don't want to give him any more chances at knowing my daughter? I am on state offered aid and they are collecting child support from him but I have only received 7 dollars this month and nothing before that. He refused to sign the child support papers so paternity was automatically established but he still is not in the birth certificate. Should I file for sole custody? If I get married can she take his last name? Can I take her fathers name off since it is hyphenated? He also abuses drugs as well as alcohol (crystal meth) but has never been convicted, what can be done? Thank you!

Asked on 7/17/12, 2:39 pm

1 Answer from Attorneys

Peter Tuann Law Office of Peter Tuann

You have custody, is he seeking joint legal custody? Probably not. If you get married, you can add your husband's name to her name. If your ex does not challenge, you can do anything, even change your daughter's name, to drop the hyphenated part.

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Answered on 7/17/12, 3:00 pm

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