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Home > Law > Family Law   »   my husband wants to adopt my son

 
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Old Apr 23, 2008, 01:50 PM
brandi82407
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my husband wants to adopt my son

i have a 3 year old little boy his biological father hasnt seen him sence dec 2006 and hasnt called eather my husband and i have been talking about him adopting him we just dont know how it all goes or what the cort looks at so can you please tell me how it works and what they look at so that maybe my husband can adopt my son? i dont know if it help or not but the state said that my husband is my sons legal father to but i dont understan all that eather

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Old Apr 23, 2008, 07:34 PM   #2  
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Quote:
Originally Posted by brandi82407
i have a 3 year old little boy his biological father hasnt seen him sence dec 2006 and hasnt called eather my husband and i have been talking about him adopting him we just dont know how it all goes or what the cort looks at so can you please tell me how it works and what they look at so that maybe my husband can adopt my son? i dont know if it help or not but the state said that my husband is my sons legal father to but i dont understan all that eather
If you were married to him before child's birth he is the legal father of your son.
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Old Apr 23, 2008, 07:35 PM   #3  
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Adoption is a technical legal proceeding. You need an attorney; the adoption process should go smoothly with the father out of the picture. But, he is entitled to notice; you need either his address, or his last known address.
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Old Apr 23, 2008, 07:40 PM   #4  
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no, he is not the legal father unless he is listed on the birth certificate or there has been an adoption,

But as long as the bio father does not fight the adoption ( and they should be happy to get out of the child support requirements(
But the laws are tricky so you will need an attorney
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Old Apr 23, 2008, 07:42 PM   #5  
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Originally Posted by George_1950
Adoption is a technical legal proceeding. You need an attorney; the adoption process should go smoothly with the father out of the picture. But, he is entitled to notice; you need either his address, or his last known address.
George,the Court will not allow adoption procedure because her husband is the legal father.If your husband wants to adopt your son,he has to disestablish his lpresent legal status.
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Old Apr 23, 2008, 08:06 PM   #6  
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Quote:
Originally Posted by GV70
George,the Court will not allow adoption procedure because her husband is the legal father.If your husband wants to adopt your son,he has to disestablish his lpresent legal status.
There is nothing in the post that would indicate that the husband is the father, other than what amounts to a "hearsay" statement, "...that the state said that my husband is my sons legal father...." You can't go very far riding that pony.

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JH123 disagrees: if he is viewed as a legal father by some officials...
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Old Apr 24, 2008, 03:15 AM   #7  
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Originally Posted by George_1950
There is nothing in the post that would indicate that the husband is the father, other than what amounts to a "hearsay" statement, "...that the state said that my husband is my sons legal father...." You can't go very far riding that pony.
Of course I CAN go very far because I know hundreds of cases where the legal father is not a biological one.Legally speaking "Legal father" is not the same as "Biological father".
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Old Apr 24, 2008, 03:24 AM   #8  
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Originally Posted by GV70
Of course I CAN go very far because I know hundreds of cases where the legal father is not a biological one.Legally speaking "Legal father" is not the same as "Biological father".
Oh,yes! I was in such situation.
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Old Apr 24, 2008, 05:23 AM   #9  
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At least in the US, a legal father is one with legal rights, that can only be gained though legal action such as on the birth certificate or though other action
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Old Apr 24, 2008, 06:28 AM   #10  
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Originally Posted by Fr_Chuck
At least in the US, a legal father is one with legal rights, that can only be gained though legal action such as on the birth certificate or though other action
Agree...or through marital presumption.
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