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Q: I have a 5 month old baby who was born very sick the baby had open heart surgery at birth and one up coming and many more to come. The baby selfish father wants nothing to do with her and recently had a baby with his girlfriend and lives with them and fully supports them 2 babies 4 1/2 months apart. Anyways he has done nothing for my baby not even provide help to pay for heart medication or drive us to doctors appointments he don’t even come to see the baby and we live in the same area the baby has his last name but father did not sign acknowledgement of patiently or name on BC. I would like to know can I change the baby last name in addition I would like to take him to court to establish paternity and request that he gives up his parental rights so like that baby and I can move on
A: David’s Answer: While you can sue for paternity, this would actually serve to legally establish him as the father – something you don’t want. If he didn’t sign the acknowledgment of paternity, then currently the child does not have a legal father. You otherwise can’t “terminate his rights” except in the context of an adoption proceeding. Call a Bronx Child Custody attorney for more info. – David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)