Can I change my baby’s last name and get sole custody when child’s father is incarcerated?

Q: My baby father literally does nothing for my month old son and disappears days on end , it’s like having a distant family member check in from time to time but he’s going to jail for a while , he’s been labeled a “menace to society” because of the dangerous stuff he does, so he’s not at all a good role model he even admits to putting this lifestyle before my son and I can’t deal with that.

A: You can certainly petition for sole custody even while he’s incarcerated. To change the baby’s last name & without his consent, you’d need to file a separate name change proceeding. For a full assessment, call a Westchester Child Custody attorney to schedule a consultation.