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Step father adopting and name change

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Itscryttle

Guest
What is the name of your state? Virginia

I have a daughter who is 10 yrs old. I was never married to her father (she was born when I was 15) her father rarely sees her or makes contact with her. He is court ordered to pay support but I rarely see it. He lives in Indiana.

My questions are:

-I want to change my daughters last name to my last name now (my married name). How can I go about doing it? Do I need the biological father to do it??? What if I can't find him?

-My husband wants to legally adopt her. What do I need to do to make that happen? And also... do I need the biological father to do it?

I have full custody of my daughter. He has visitation but has never excercised it.

Thank you in advance for any advice :)
 


Seanscott

Member
The procedure varies within each state, but all states have similar laws dealing with stepparent adoptions.

If your ex has not paid support, and has not had contact with the child (usually for a period of one year), then your husband can file a petition to adopt. Your ex will receive a copy of the petition, and he can either agree or contest the adoption. If he wants to fight it, then you ask the court to terminate his parental rights.

The fact that you were only 15, and your daughter is now 10, are both points in your favor.

A background check will be done on the stepfather, if things go well, the whole process will take around 6 months.

This topic has been discussed many times on this forum. Try the search engine and you'll get more detailed answers.

The stepparent adoption laws were set up for situations exactly like yours, you have an excellent chance of getting the adoption approved.

Wishing you the best.
 
I

Itscryttle

Guest
Thank you SO much! You have given me hope that this can happen.

We have wanted this for so long but the bio father has been such a thorn that I never thought it would happen.

He has had no contact with her for a year now. So this may be the prime time to get the ball rolling :)

How do I use the search engine... I seem to not be able to find what you are talking about?
 
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Seanscott

Member
Your welcome! My wife & I went through a stepparent adoption about a year ago. It was stressful at times, but keep in mind that the judge will do whatever is in the best interests of the child. I only had to tell myself that about 100 times.

You should get a consultation with an attorney that specializes in family law. The consultation may be free (ours was $60).

The burden is on your ex if he wants to fight this. He will have to explain to the judge why he did not support, and keep in contact with the child. You will file the papers in Virginia, and I can't believe he will travel back & forth from Indiana when he couldn't even come to visit his child. Once the adoption is complete, a new birth certificate is issued and biodad is considered nothing more than a stranger to your daughter. He will have no more right than I do to visitation or any contact.

As far as changing the last name - you can petition the court for this. I'm not a lawyer and have no idea if it's easy or not.

This is the good fight! Don't get discouraged - you are in the right. 100%. Your daughter is quite fortunate.
 

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