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soon2bhitched
Jun 30, 2011, 03:18 PM
Hi... My fiancé and I are getting married in a few months. We have lived together for 1 year and 8 months. My daughter is turning 3 in July. I am the only one listed on her birth certificate and her father is not in the picture at all... My fiancé is the only father that she has ever know and he supports her and loves her unconditionally. As does his family. Are we able to claim presumed paternity and add him to the birth certificate?

Fr_Chuck
Jun 30, 2011, 08:20 PM
No, you may file for him to adopt the child, notify the bio father and ask him to sign to allow the adoption.
** this often works better if the bio father is facing having to pay child support,

soon2bhitched
Jun 30, 2011, 08:27 PM
The bio father has not been in her life at all. He has never seen her and has never made an attempt to see her. I lived at the same address for a year and a half after having her and he didn't bother to come by. I do not want anything from him and have never asked for or collected any money for my daughter. After I became pregnant, I found out that he was a pathological liar and had families all over the country. Last count that I know of he had 9 kids with 7 different Moms ranging from 14 to 2. Many of the moms are collecting child support but he is not paying and there are many warrants out for his arrest... Most recently he has filed for a marriage license to yet another woman. Do I have any other options?

ScottGem
Jun 30, 2011, 08:33 PM
No. Your fiancée is not the father, presumed or otherwise. You can't just decide he's though be the father. This is a legal issue (which is why I moved this to the Family Law forum).

Your fiancée has to go through the step parent adoption process, once he qualifies as a step parent. The adoption process will require that you identify the father and get his agreement to the adoption. If he refuses you may have have some recourse to get his rights terminated given his history. But you will still need to go through the adoption.

I would consult with a Family Law attorney now to pave the way.

Fr_Chuck
Jun 30, 2011, 08:38 PM
Assuming you can prove his warrants, his history of not taking care of all of the kids, they may take his rights away ( and most likely he would not even show up in court to fight for them) But no, you have to go though the adoption process

Synnen
Jun 30, 2011, 09:15 PM
I'd just like to add that you're an idiot if you are not up front with your child from the very beginning that your boyfriend is NOT her biological father.

She WILL find out, one way or another. People cannot keep their mouths shut, for one, and for another---there are a LOT of medical situations that will show him to not be biologically related.

Don't lie to your child about genetics.

And get married, get a lawyer, and go for a stepparent adoption. You can't deny someone's paternity simply because you want to forget you ever had sex with him.

ScottGem
Jul 1, 2011, 03:11 AM
Assuming you can prove his warrants, his history of not taking care of all of the kids, they may take his rights away ( and most likely he would not even show up in court to fight for them) But no, you have to go though the adoption process

I just wanted to add to this. Yes they MAY take his rights away, but ONLY as part of the adoption process. If you were to try and take his rights away without providing a substitute parent, its highly unlikely the courts will go along.

kcomissiong
Jul 1, 2011, 07:34 AM
I just wanted to add that you need to file for child support, which ofter will include an order for determination of paternity. Kill two birds with one stone... you locate the father, and prove that he is the father to begin adoption proceedings (once you are married of course, and have meet the length of marriage that is required by your area for a step-parent adoption), and you have made an effort to collect the support that your child deserves. If you really don't want it, put it in an interest bearing account for your child, but do not be a party to helping him avoid his responsibilities because of anger or pride.