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joyh1972 · Sep 27, 2010, 04:17 PM

I am married but split up I'm now with some one else.. I have a 3 month old baby from husband she was born in Phoenix AZ. I took baby and moved to Ca. husband wants nothing to do with my baby he said he would give up his rights but he wants his name off her BC.. can my boyfrien adopt her without me marring him?

ScottGem · Sep 27, 2010, 04:21 PM

Nope. I believe CA requires marriage for a stepparent adoption. And it doesn't matter whether your husband does or doesn't want anything to do with the baby. He is the legal father and is responsible for the child.

joyh1972 · Sep 27, 2010, 05:14 PM

Is there any other way to take his name off the because? He will do whatever it takes

ScottGem · Sep 27, 2010, 05:15 PM

Nope, a court won't allow it.

excon · Sep 27, 2010, 05:21 PM

Originally Posted by joyh1972

is there any other way to take his name off the bc? he will do whatever it takes

Hello j:

It's a name on a piece of paper. It means NOTHING in terms of rights or responsibilities. Speaking of responsibilities, YOU have a responsibility to make sure your son EATS, and has the BEST life you can provide for him... Foregoing even MINIMUM child support payments over an 18 year time span, is about $20,000. I don't know about you, but that would surly help ANY mother, and be good for ANY kid...

It sounds as though you are considering doing that. Don't.

excon

cdad · Sep 27, 2010, 05:27 PM

Originally Posted by joyh1972

is there any other way to take his name off the bc? he will do whatever it takes

You need to file for divorce and set up child support. Its his responsibility to take care of the child as well as yours. If the state you moved to is California and not Canada. Then you can apply through the state there once you establish residency. You also need to start the divorce process too.