Is this possible? Not legal!

[RoyalBlueEyes]

What is the name of your state (only U.S. law)? Colorado
I have been married to my husband for 18 months now. I have a son that is not his. My sons father knows about our child but has never seen him, nor payed for anything. We have never even been through court. My sons biological father is not on his birth certificate. No one is other than myself. Do you think it is possible to change my sons last name to my married last name, as well as add my husband to his birth certificate? I mean if i was to tell vital statistics that I do not know you the biological father is.

[IsabellaSoriano]

Originally Posted by RoyalBlueEyes

What is the name of your state (only U.S. law)? Colorado
I have been married to my husband for 18 months now. I have a son that is not his. My sons father knows about our child but has never seen him, nor payed for anything. We have never even been through court. My sons biological father is not on his birth certificate. No one is other than myself. Do you think it is possible to change my sons last name to my married last name, as well as add my husband to his birth certificate? I mean if i was to tell vital statistics that I do not know you the biological father is.

you mean you want to commit fraud? a backdoor adoption? no that's not legal.

[RoyalBlueEyes]

Originally Posted by IsabellaSoriano

you mean you want to commit fraud? a backdoor adoption? no that's not legal.

I know it's not legal. I just want to know if it is possible. I mean it is not proven he is the father yet. No test has ever been done. I could always say that I had multiple partners at the time. Their would be no way to disprove that. Then if he approaches me later on in life, couldn't I just use that as an excuse.

[IsabellaSoriano]

ok. so lets say you commit fraud.

5 years later, dad says i want to see my child. he files for paternity. you have a court order to produce the child for a DNA test. it is found he is the father. the judge sees you put your husband who you KNOW is not the father.

are you trying to lose future custody of your child? you have handed the father his case of you trying to alienate him from his child. people lose custody of their children this way. father can petition to have the child's name changed back and for himself to be added to the birth certificate. so all you have done is given yourself more work to do to change it back. and depending on the laws in your state, you may need a court order to change your child's name.

[RoyalBlueEyes]

Originally Posted by IsabellaSoriano

ok. so lets say you commit fraud.

5 years later, dad says i want to see my child. he files for paternity. you have a court order to produce the child for a DNA test. it is found he is the father. the judge sees you put your husband who you KNOW is not the father.

are you trying to lose future custody of your child? you have handed the father his case of you trying to alienate him from his child. people lose custody of their children this way. father can petition to have the child's name changed back and for himself to be added to the birth certificate. so all you have done is given yourself more work to do to change it back. and depending on the laws in your state, you may need a court order to change your child's name.

Thank You! So, I guess I won't be doing that. How long if at all would it take to become an abondonment case if I was to file for child support (with visitation), then have the biological father not be able to pay the support or be able to come see his kid. Because the father cannot keep a job, or does he have transportation.

[RoyalBlueEyes]

Also, how difficult is it to get sole custody of a child? With or without child support.

[IsabellaSoriano]

first step is to legally establish dad as dad in the court of law. you file support/custody/visitation. joint legal custody seems to be a given around the states these days. especially if dad disagrees with you having sole custody.

[LdiJ]

What you need to do is get a consult with a local adoption attorney, to see how "abandonment" works in your state. The attorney will be able to tell you what does or doesn't need to be done.

Adoption is not a DIY project either. You WILL need an attorney.

[RoyalBlueEyes]

Thank you guys!

[cwallman81]

I know that in the state of Colorado you can file an "Affidavit of Abondonment" right along with your step-parent adoption paperwork. The language on the affidavit is fairly vague, and left for the judge to decide. It states:
 has failed without cause to provide reasonable support for the child for a period of one year or more.

and/or

 has abandoned the child for a period of one year or more.

If you can get the bio dad to sign away his rights you are set. Otherwise, you can serve him notice, at which point he has 30 days to file a petition to keep his rights with the courts. I am not neccessarily saying to do this without a lawyer, but it could be done.

[Silverplum]

This, from the guy who just posted a thread wondering if he could use (pieces of) the law he's already advocating someone else to use.



You don't need legal help. You're dang near God-like already.

Originally Posted by cwallman81

I know that in the state of Colorado you can file an "Affidavit of Abondonment" right along with your step-parent adoption paperwork. The language on the affidavit is fairly vague, and left for the judge to decide. It states:
 has failed without cause to provide reasonable support for the child for a period of one year or more.

and/or

 has abandoned the child for a period of one year or more.

If you can get the bio dad to sign away his rights you are set. Otherwise, you can serve him notice, at which point he has 30 days to file a petition to keep his rights with the courts. I am not neccessarily saying to do this without a lawyer, but it could be done.