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adoption....name change...help

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antoinette1017

Guest
What is the name of your state? NY I have a few questions that I am hoping to have answered. In my state does the mother of the child need permission to have her childs last name changed. My 2 1/2 year old has my last name. He has not seen his bio dad in 2 1/2 years abd has been raised by my boyfriend. We are getting married soon and we want to change his name to his last name. I know the bio dad won't allow it because he is very difficult. I was also wondering if we could have my son adopted by my boyfriend even if the bio dad won't sign the papers? I know that he would never sign over his rights or allow my boyfriend to adopt my son but this is very important to me. How do I go about doing this. The bio dad has not worked 7 years he smokes marijuana and drinks, he has two violent felonies, he has not seen the baby for 2 1/2 years he has never paid any child support. Would a judge actually allow him visitation. I don't want my so to be around him. I was the stupid one for getting involved with such an animal when it went against everything I believed in. Please help clarify all this for me.:( :(
 


Seanscott

Member
If your ex hasn't paid support or visited the child in 2 1/2 years, you should try to terminate his parental rights due to abandonment. If the violent felonies were against members of his family, that is a big strike against him.

After you've been remarried for awhile (in Indiana it's one year), your husband will file a "petition to adopt" with your consent. Your ex will have to explain to a judge why he hasn't been a parent to your child, and why he should be allowed a chance now.

The stepparent adoption laws were designed for cases exactly like yours. Go get a consultation with a family attorney.

It may be difficult & stressful, but you have a very winnable case for termination of parental rights.
 

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