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    AudreyRose's Avatar
    AudreyRose Posts: 4, Reputation: 1
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    #1

    May 15, 2012, 05:21 AM
    No father listed on birth certificate, father has no contact, can my husband adopt
    There is no father listed on my child's birth certificate because I was legally married but separated from my first husband. No paternity has been established with child's father and I have been unable to get child support from him, even after my divorce. Since then, there has not been a relationship between my child and her father and I have remarried. Can my current husband adopt my child without getting the father involved since he has no interest in providing support or establishing any relationship with the child
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #2

    May 15, 2012, 07:36 AM
    No, in fact if I understand it correctly it may be very very complicated.


    If you were married to Man A ( Husband)

    But had a child by Man B ( Boyfriend)

    But now want Man C ( New Husband) to adopt.

    This can differ by location but in most cases, Man A your husband at the time you gave birth, since you were not divorced, is the "LEGAL" husband and would have to be notified, but proven not to be the bio father. The Bio Father will need to be located and notified since he has legal claims as the bio father to contest the LEGAL fathers rights.

    But no it does not matter if he is not listed on the birth certificate or has no interest, legally both your ex husband and the bio father may have legal claims and will need to be contacted for adoption to proceed.

    ** I will assume your separation was not a legal separation with separtion paper work signed by the judge, but you and ex husband were just not living together and in process of divorce.
    AudreyRose's Avatar
    AudreyRose Posts: 4, Reputation: 1
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    #3

    May 15, 2012, 09:01 AM
    Quote Originally Posted by Fr_Chuck View Post
    No, in fact if I understand it correctly it may be very very complicated.


    If you were married to Man A ( Husband)

    But had a child by Man B ( Boyfriend)

    But now want Man C ( New Husband) to adopt.

    This can differ by location but in most cases, Man A your husband at the time you gave birth, since you were not divorced, is the "LEGAL" husband and would have to be notified, but proven not to be the bio father. The Bio Father will need to be located and notified since he has legal claims as the bio father to contest the LEGAL fathers rights.

    But no it does not matter if he is not listed on the birth certificate or has no interest, legally both your ex husband and the bio father may have legal claims and will need to be contacted for adoption to procede.

    ** I will assume your separation was not a legal separation with separtion paper work signed by the judge, but you and ex husband were just not living together and in process of divorce.
    No, our separation was not with legal papers, although we were separated and residing in different states for 11 years before we filed for a divorce. His wages were being garnished for this child's support payments until our divorce was final; he was informed that by finalizing divorce would prove non-paternity since he neglected to send in a signed and notarized statement that we were residing in separate states before, during, and after the time of conception. Since the divorce was final, he has not had any garnishments. Man B has never denied paternity, but has only filed paperwork through Child support services once and they informed him he needed to show them documents proving Man A is not the birth father. Man B also has not made any other attempts to provide for or establish a consistent relationship with our child. He has on occasion given gifts, and money, but only to have as much contact with ME as he can. I endured a violent abusive relationship with Man B, who has shown and expressed obsession with me and our past, he is also suffering from Meth addiction. After endless failed attempts to try to reason with him and help him (being a recovering addict of 4 years), and giving him chances to have a relationship with our child, and continuous harassing, unstable, and obsessive texts, phone calls, voice mails, and fb messages, I was left with no choice but to move out of state, block him from my phone and fb, and neglect him of any contact with our child (out of the child's best interest and well being). Man C wants to adopt the child with as little complication as possible and as soon as possible. I understand legally he has the right to be informed of the planned adoption, and there is a possibility of terminating his rights on grounds of parental unfitness, and failure to support, etc. I was just hoping for a quick loop hole because honestly I feel if he really wanted parental responsibility and relationship, he would not be harassing me, he would have established paternity and gotten visitation, in which he's had 6 years to do so. What do I do?
    My other question is, if I proceed in every legal way, and paternity is established with Man B and his rights are terminated, will he be required to pay the past child support from the time we were separated to the time of adoption?

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