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    Shaunab77's Avatar
    Shaunab77 Posts: 4, Reputation: 1
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    #1

    Feb 21, 2013, 05:58 PM
    Can you change the last name of a child if the other biological parent is unknown
    My son was born when I was married to my previous husband. My ex-husband was thought to be the father and his name is on the birth certificate. After separating from my ex he performed a DNA test on my son and found that he was not the father. The father is unknown and does not know that my son was born. My new husband has become my son's father and wants my son to have his last name. How do we do this without the other biological parent or does that matter? In my divorce papers from my previous marriage it states that my ex is not the father of my son.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 21, 2013, 06:04 PM
    Where is this?

    This is so convoluted that I would not proceed without an Attorney.

    Are you saying you don't know who the father of your child is and will sign an Affidavit to that effect OR that you know the identity of the father but don't know where he is?
    Shaunab77's Avatar
    Shaunab77 Posts: 4, Reputation: 1
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    #3

    Feb 21, 2013, 07:00 PM
    Quote Originally Posted by JudyKayTee View Post
    Where is this?

    This is so convoluted that I would not proceed without an Attorney.

    Are you saying you don't know who the father of your child









    is and will sign an Affidavit to that effect OR that you know the identity of the father but don't know where he is?
    I live in Texas. I was going through a bad time in my life and I was married. I went out with my friends and ended up having a one night stand. The guy told me his name but I could not remember his last name. He was in the air force and was leaving to Japan in a few weeks. I didn't even know my son was not my ex husbands until my son was almost 3. I have no idea how to find the biological father.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 21, 2013, 08:05 PM
    When you ex got the DNA test, was it part of a court proceeding? Was he removed as the legal father? Unless he was, then he is still the legal father and can consent to the adoption.
    Shaunab77's Avatar
    Shaunab77 Posts: 4, Reputation: 1
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    #5

    Feb 22, 2013, 06:04 AM
    Quote Originally Posted by ScottGem View Post
    When you ex got the DNA test, was it part of a court proceeding? Was he removed as the legal father? Unless he was, then he is still the legal father and can consent to the adoption.
    It says in the divorce papers "the court finds that petitioner ,xxx, as a result of DNA Paternity test , is NOT the biological father. " so I guess he has been removed as the legal guardian.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 22, 2013, 08:31 AM
    Not necessarily. Acknowledging he isn't the bio father doesn't change the fact he may be the legal father.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #7

    Feb 22, 2013, 03:30 PM
    Is your current husband willing to adopt?
    Shaunab77's Avatar
    Shaunab77 Posts: 4, Reputation: 1
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    #8

    Feb 23, 2013, 03:27 PM
    Quote Originally Posted by califdadof3 View Post
    Is your current husband willing to adopt?
    Yes. He wants to adopt him. My son knows him as his real dad. He has been his father since my son was 3 and my son believes he is his "real" dad.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #9

    Feb 23, 2013, 03:32 PM
    Then what might work best for you since it is most likely your ex that is the legal father is to move forward with the adoption. That way your ex can sign off on all the paperwork and it's a done deal.
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