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Nope. Unless you give up your custody as well.

The only way for it to happen would be for you to be married and have your husband adopt your child.

So, you said he's willing to sign his rights away but he would file for custody just to spite you? That doesn't make sense.

When they say someone is adopting your son, it means a stepparent. If your mom adopts him, you will lose rights as well. Your best bet right now is to just leave it alone. You don't have to file for full custody; if the child lives with you and he has not taken you to court for any kind of custody, then you already have full physical custody. You going and filing for it is pointless and will not help you any...he can get it just as easily either way.

Quoting Lizplustwo:" So, you said he's willing to sign his rights away but he would file for custody just to spite you? That ... [snip!] ... physical custody. You going and filing for it is pointless and will not help you any...he can get it just as easily either way."

That's not true.

Without a legal custody agreement, with his name on the BC he has JOINT custody of said child and if he got a hold of him/her he doesn't legally have to give them back.

I had the same situation with my BD. I terminated as many rights as I could, which makes it almost impossible for him to ever see our son (like he'd even try to clean up his act...  ).
The only way you would be able to have his rights signed away is if you got married and whoever you were with was willing to adopt.
It costs as much to do a custody case as it does to change last names, though.

From what I understand from my lawyer, though, a child cannot be left "bastardized".

Quoting adubphelps♥:" I had the same situation with my BD. I terminated as many rights as I could, which makes it almost impossible ... [snip!] ... as it does to change last names, though. From what I understand from my lawyer, though, a child cannot be left "bastardized"."

Yeeepp.

I went/going through the same thing... Most states require you to be married a year for the baby to be adopted but there is no other way to get him off the certificate.. my ex was the same way.. if he text you that save the text and you can get full custody easy.. and prob supervised visitation like I had and then you won't have to worry about what he might do in the future... Also bring up child support and hell stay away.. my ex claims child support is why he never visited my lil girl. When you do get married and everything he'd probably sign over without a second thought...
That's how it was with me anyways

<blockquote><b>Quoting Penises 3:Vaginas 1:</b>" That's not true. Without a legal custody agreement, with his name on the BC he has JOINT custody of said child and if he got a hold of him/her he doesn't legally have to give them back. "</blockquote>




This is wht im terrified off him taking my son and refusing to give him back, i want to take away his rights so he cant do tht, how can i take his name off the bc?

Quoting Penises 3:Vaginas 1:" That's not true. Without a legal custody agreement, with his name on the BC he has JOINT custody of said child and if he got a hold of him/her he doesn't legally have to give them back. "

I filed for full custody of mine after establishing paternity and nothing ever happened with it, they told me it wasn't necessary. He wasn't on the birth certificate because he wouldn't sign the paternity acknowledgement but we did establish paternity via DNA test in court.

Also, I just assumed OP's wasn't since she said he didn't want to be involved. She can't put him on the birth certificate if he doesn't sign a paternity acknowledgement.

Quoting D.M:" <blockquote><b>Quoting Penises 3:Vaginas 1:</b>" That's not true. Without a legal ... [snip!] ... my son and refusing to give him back, i want to take away his rights so he cant do tht, how can i take his name off the bc?"

You can't. It's impossible. No state will allow you to, until your child is adopted by a step parent.

Quoting Lizplustwo:" I filed for full custody of mine after establishing paternity and nothing ever happened with it, they ... [snip!] ... said he didn't want to be involved. She can't put him on the birth certificate if he doesn't sign a paternity acknowledgement."

She said he already is on the BC.

<blockquote><b>Quoting baybe girl:</b>" I went/going through the same thing... Most states require you to be married a year for the baby to be ... [snip!] ... you do get married and everything he'd probably sign over without a second thought... That's how it was with me anyways"</blockquote>




I do have texts in my phone tht im saving for jst in case, idk if i should jst leave the situation alone and change my number and cut him off because i nt want him to file for custody wo me knowing like i know he says he wnt and he says he will give up his rights but i feel like he wouldnt and he would fight jst to spite me ! I wanna get a lawyer but idnt wnt to risk him getting any type of custody im actually thinkin about gettin a restraining order but i snt want to make things worse

Quoting D.M:" <blockquote><b>Quoting Penises 3:Vaginas 1:</b>" That's not true. Without a legal ... [snip!] ... my son and refusing to give him back, i want to take away his rights so he cant do tht, how can i take his name off the bc?"

I assumed he wasn't on the birth certificate...although he still can't get rights unless he files for them. You don't have to let him see the baby or take baby anywhere unless the court orders you to.

I just don't understand how you can preemptively file for full custody if he's not attempting to file for custody...like I said, they wouldn't let me because he wasn't contesting it. I filed for child support and was considered the custodial parent.

<blockquote><b>Quoting Penises 3:Vaginas 1:</b>" You can't. It's impossible. No state will allow you to, until your child is adopted by a step parent. "</blockquote>




Fml

<blockquote><b>Quoting Lizplustwo:</b>" I assumed he wasn't on the birth certificate...although he still can't get rights unless he files for ... [snip!] ... said, they wouldn't let me because he wasn't contesting it. I filed for child support and was considered the custodial parent."</blockquote>




My mom told me that i dont have custody until i file for it, now my gut os telling me to leave it alone but i want custody of my son before he tries to get it.