Question
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Mar 27, 2008, 07:08 AM
| | New Member  | | Join Date: Mar 2008
Posts: 1
| | | I want to change the father for my child
I have a 21 month old son. On his birth certificate his biological father is listed. Fortunatly his father hasn't been active in his life since he was five months old. I'm now in a relationship with a man that plans to marry me. My fiance has been present in my sons life since he was six months old, and together we decided that he wants my son to have his last name. Since my sons biological father wants nothing to do with him; and I dont want to deal with his father either, nor do I want to collect child support from him or anything. How do my fiance and I go about getting our sons name changed? Also if we change my sons last name to my fiances will he become the father on his birth certificate?????
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Answers
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Mar 27, 2008, 07:30 AM
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#2
| | Ultra Member
Join Date: Mar 2008 Location: EU
Posts: 1,533
| Quote: |
Originally Posted by Shinobi06 ,.... (can) we change my sons last name to my fiances will he become the father on his birth certificate????? | No. Your fiance can marry you, and accept your son as member of his family , but on your sons birth certificate the name of the father can not be changed (as far as I know).  |
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Mar 27, 2008, 09:00 AM
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#3
| | Adult Sexuality Expert
Join Date: Dec 2006 Location: Minnesota
Posts: 3,232
| You must go through the adoption process.
That means getting the biological father to sign over his rights, and having your fiance adopt. Many states will not allow a fiance to adopt--you may have to be married before you can start the process.
You will NEED a lawyer for this. Talk to one that specializes in family law.
PS--why change the name on the birth certificate? Even if the guy is never around, your child has the right to know his biological heritage. | |
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Mar 27, 2008, 11:24 AM
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#4
| | Relationship Expert
Join Date: Nov 2005 Location: Space Is The Place
Posts: 18,035
| I hope you wait until you've been married a while, before taking any action like this. Courts seldom allow fiances to adopt, or terminate a fathers rights, to a future husband. See an attorney for a free consultation, as to the legal process and the expense. The bigger question is will you keep your childs origins a secret from him, as I think his birth certificate is not going to be changed, and the bio father will have a strong say in this process. | |
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Mar 27, 2008, 11:30 AM
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#5
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 25,482
Pay to call ScottGem for advice ($.75/min) | There are several threads that talk about this, both in this forum and the Family Law forum.
As noted, to get the name legally changed, your fiancee has to adopt. And you may need to wait until you are married. Plus the bio fahter must agree to relinquish his rights.
An attorney will tell you what you need to do and when you can do it and file the papers for you. | |
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Mar 27, 2008, 04:40 PM
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#6
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 28,011
| Yes, to sum up what has been said,
1. most courts want to see a longer term relatinship and many will look for the couple to be married ( but not all courts)
2. why are you not getting your childs money from the bio father, that is cheating the child out of the childs money, ** it is the childs money not yours
3. nothing will happen unless the bio father agrees to it. And to be honest often if they know they will not have to pay child support, after paying it, they are sometimes happy to sign for adoption
4. you will need an atorney, a formal request to adopt the child with paper work your ex signed to give his rights and permission to adopt.
If you and the new husband latter split he has to know he will be held liable for all future child support | |
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