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

    Feb 26, 2011, 05:21 AM
    Divorce and adoption.
    I and my ex. Been divorce for a while now. I have full custody for all of my kids legally and physically and my Ex. Been paying about $500 for the childsupport. My question is My current husband wants to adopt these kids and wants to change their last name to his. Do you think if that possible by law that he can do that since I have the legal and physical custody of all these kids? And if that does my ex still obligate to pay childsupport if these kids been change their last name to their step father?. Thanks much for your help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 26, 2011, 06:51 AM

    OK, you want your husband to adopt and change their name, and somehow you think he ex would still have to pay child support?

    First no if your husband adopts, your ex will not have to pay any more current child support, it stops on the day of the adoption.

    Second, you will have to get your ex's permission to allow the adoption and any name change to take place.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 26, 2011, 08:06 AM

    The process of adoption changes the legal paternity of a child. If the father decides to relinquish his rights in favor of the adoption, then your current husband will be come their legal father and their bio father would have no rights or responsibilities towards the children.

    The fact that you have full legal and physical custody has no bearing here. Basically if the bio father agrees, the courts will grant the adoption. The bio father has an incentive to agree because it ends child support.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 26, 2011, 09:42 AM
    Quote Originally Posted by dianahenderson View Post
    ... Do you think if that possible by law that [current husband] can do that [adoption] since I have the legal and physical custody of all these kids? ...
    Yes. You and your ex would have to consent to the adoption. By giving your consent, you would be agreeing that the current custody be changed. You would, after the adoption, share custodial rights with your husband.
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