Family Law Questions? Ask a Family Lawyer Online.
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Unfortunately, the reasons that you have given are not enough reasons for changing your son's last name. If the father does not have visitation, but provides support to the child (child support)--has not abandoned the child, it would be unlikely that the Court would grant your Petition for name change.
I am sorry that I do not have better news for you.
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If the father does not provide support and has not been in the son's life, then the Court may grant the Petition for Change of Name.
So if I were to go through the state for their assistance with enforcing child support it would minimize my chances correct?
Response 1: That is correct. You cannot try to remove the father's name from the child's Birth Certificate and at the same time go after the same father for child support.
Also, how long is a parent absent from a child's life for it to be considered abandonment?
Response 2: It depends on the age of the child. It could be three months or six months. See New Mexico Statutes Chapter 32 Section 4 Section 32A-4-2
how long of an absence would it be before parental rights could be involuntarily terminated?
Response 3: That would depend on the evidence provided to the Court. Kindly see my response #2.
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