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    brandi82407's Avatar
    brandi82407 Posts: 1, Reputation: 1
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    #1

    Apr 23, 2008, 01:50 PM
    My husband wants to adopt my son
    I have a 3 year old little boy his biological father hasn't seen him sense dec 2006 and hasn't called eather my husband and I have been talking about him adopting him we just don't 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 don't know if it help or not but the state said that my husband is my sons legal father to but I don't understan all that eather
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Apr 23, 2008, 07:34 PM
    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.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #3

    Apr 23, 2008, 07:35 PM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 23, 2008, 07:40 PM
    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
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Apr 23, 2008, 07:42 PM
    Quote 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.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #6

    Apr 23, 2008, 08:06 PM
    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.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #7

    Apr 24, 2008, 03:15 AM
    Quote 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".
    JH123's Avatar
    JH123 Posts: 20, Reputation: 1
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    #8

    Apr 24, 2008, 03:24 AM
    Quote 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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Apr 24, 2008, 05:23 AM
    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
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #10

    Apr 24, 2008, 06:28 AM
    Quote 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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Apr 24, 2008, 07:25 AM
    Brandi,
    To cut to the chase here, if your husband is the legal father, then there is nothing more you need to do. The purpose of adoption is to recognize the legal parent when they are not the bio parent.

    There are scenarios where your husband could have become the legal father. If you were married at the time of birth and he signed the birth certificate and the bio father didn't contest it, then he's the legal father. So the first question is who is listed on the birth certificate as the father. What is your son's FULL name as listed on the bireth certificate?

    Also, under what circumstances did the state say he was the legal father?
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