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Step Parent - Legal Guardian, Child last name change

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tammyj768

Junior Member
What is the name of your state (only U.S. law)? Texas

Howdy ya'll! I got married last summer to a wonderful man who has been caring for my son (live in) for the last 5 years. He wants to adopt my son, and my son wants to be adopted. However -

My sons father has never paid child support. He has no relationship with my son and never has. No phone calls, birthday cards, christmas gifts, nothing. I have always kept the door open, and have been supportive of the 'visits' he has had with my son. He lives in michigan. I send my son to Michigan for a couple of weeks every 6 months to see my and his family, but his dad may or may not show up. He is just not capable of being a parent and has not seen his son more than a few times. My son is in close contact with his fathers family, and we do NOT want that to change.

After I got married I asked my sons father is it were ok for my husband to adopt my son. Initially, he said yes. I sent him the paperwork, but no response. 6 months later I was able to finally track him down (we never know where he is at, he disappears for years at a time, my son is almost 11). Now, my sons father is saying he doesnt want him to be adopted - but he cant have it both ways. My husband is a 'true' father figure to my son and he needs some legal rights for him, as I travel for work, and my family lives in Michigan. Not having rights makes us both nervous -- if something happens to me, what will happen to my son?

So-- my question is, how do i get legal guardianship for my husband for my son? we also want to change my sons last name so he feels included (he has MY last name now, never had his fathers last name). I do not want to do the adoption thing because i know it will be a (misplaced, ridiculous, unncessary and expensive) fight.

please help! thanks!!
 


CSO286

Senior Member
If your child's legal father is not going to consent to the adoption, you are going to need an attorney. There's no way around that.

And your husband will not be able to be a legal guardian as long as there is another PARENT able to step into that role, should something happen to you.

Sorry.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Texas

Howdy ya'll! I got married last summer to a wonderful man who has been caring for my son (live in) for the last 5 years. He wants to adopt my son, and my son wants to be adopted. However -

My sons father has never paid child support. He has no relationship with my son and never has. No phone calls, birthday cards, christmas gifts, nothing. I have always kept the door open, and have been supportive of the 'visits' he has had with my son. He lives in michigan. I send my son to Michigan for a couple of weeks every 6 months to see my and his family, but his dad may or may not show up. He is just not capable of being a parent and has not seen his son more than a few times. My son is in close contact with his fathers family, and we do NOT want that to change.

After I got married I asked my sons father is it were ok for my husband to adopt my son. Initially, he said yes. I sent him the paperwork, but no response. 6 months later I was able to finally track him down (we never know where he is at, he disappears for years at a time, my son is almost 11). Now, my sons father is saying he doesnt want him to be adopted - but he cant have it both ways. My husband is a 'true' father figure to my son and he needs some legal rights for him, as I travel for work, and my family lives in Michigan. Not having rights makes us both nervous -- if something happens to me, what will happen to my son?

So-- my question is, how do i get legal guardianship for my husband for my son? we also want to change my sons last name so he feels included (he has MY last name now, never had his fathers last name). I do not want to do the adoption thing because i know it will be a (misplaced, ridiculous, unncessary and expensive) fight. please help! thanks!!
In order for your husband to become a Legal Guardian it will require an attorney. The cost will likely be the same for him to become a LEGAL FATHER. Hire an adoption attorney to guide you. The money will be well spent to insure the child is cared for be a loving parent.
 

Antigone*

Senior Member
If ever a thread "bump" was needed ...it would be this one. ;)

My mother used to say this: "Si mientes, te van a salir sapos de la boca." The translation is "If you lie frogs will come out of your mouth."

Dang I am seeing some massive bullfrogs comin' out of Texas - it is a freakin plague!
 

dannyt

Member
What is the name of your state (only U.S. law)? Texas

Howdy ya'll! I got married last summer to a wonderful man who has been caring for my son (live in) for the last 5 years. He wants to adopt my son, and my son wants to be adopted. However -

My sons father has never paid child support. He has no relationship with my son and never has. No phone calls, birthday cards, christmas gifts, nothing. I have always kept the door open, and have been supportive of the 'visits' he has had with my son. He lives in michigan. I send my son to Michigan for a couple of weeks every 6 months to see my and his family, but his dad may or may not show up. He is just not capable of being a parent and has not seen his son more than a few times. My son is in close contact with his fathers family, and we do NOT want that to change.

After I got married I asked my sons father is it were ok for my husband to adopt my son. Initially, he said yes. I sent him the paperwork, but no response. 6 months later I was able to finally track him down (we never know where he is at, he disappears for years at a time, my son is almost 11). Now, my sons father is saying he doesnt want him to be adopted - but he cant have it both ways. My husband is a 'true' father figure to my son and he needs some legal rights for him, as I travel for work, and my family lives in Michigan. Not having rights makes us both nervous -- if something happens to me, what will happen to my son?

So-- my question is, how do i get legal guardianship for my husband for my son? we also want to change my sons last name so he feels included (he has MY last name now, never had his fathers last name). I do not want to do the adoption thing because i know it will be a (misplaced, ridiculous, unncessary and expensive) fight.

please help! thanks!!
unless your husband adopts he will always be a legal stranger to your son with no rights whatsoever. adoption is the only way he will ever have any legal rights to your son
 

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