My husband and I have been married for nine years.I have two sons by previous relationship. We have two children together. He loves them with all his heart. He met me when I was pregnant with second child. He played with my son then 11/2yrs.old .My husband is the only father they know. I tried to give birth father a chance to be a father he was a bum ,would leave them with friens to smoke weed. Ihad to cut him off judge said if he wanted to see kids He should get a paternity test and then you can have rights. He never did it and never tried to contact me to see the kids that was over 8yrs. ago. In our busy lives we have forgotten or didn't have the money,we already know we are a complete family,I really would love to change their last name to everyone elses in the house. Thanks for any good advice.
2006-11-09 09:14:36 · 11 answers · asked by Anonymous in Family & Relationships ➔ Family
Get ahold of a lawyer who does adoptions. He will write up a petition for adoption and run it in the local newspaper in the town where you last knew that your ex lived (if you don't know where he is at now...then just have them run it in your local newspaper). It has to run for 4 weeks (regardless as to whether it is a daily or weekly paper) and if he doesn't respond to it to contest it, then the lawyer will get a date set on the courts docket and you will go to court and the judge will grant the adoption by default. New birth certificates will be made up and they will replace the original ones, although they will staple it over the original at the state capital Vital Statistics. You will receive the new Birth certificates with you and new hubby's names as birth parents and the kids will have his last name as if they were born that way.
Congratulations and Good Luck!!!!
2006-11-09 14:23:16 · answer #1 · answered by lildragonlexi 4 · 0⤊ 0⤋
Sounds like you need a good attorney. I think that in many states you can terminate rights when one parent has abandoned the children as your ex did. This should be an easy thing. just get a really good family attorney to help you, prove that there has been no contact, and you should be able to terminate his rights. Also if he never got the paternity test as the judge said he should, that will help your case. It may not be that hard, sounds like he does not care, maybe you can jsut send him the papers and he will sign them. An attorney will cost you, but it will ensure that it is done right. It should not be too expensive unless he tries to fight it. (that is expensive in attorney costs)
***Edit***
I would not reccomend doing just the legal name change thing. You wnat you husband to adopt them. If something ever happened to you, they would most likely go to their bio dad and your hubby would have to fight for them. Having him adopt them is the best option because, then legally he can make decisions for them, just like he was their bio-dad.
Good Luck.
2006-11-09 09:22:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Umm you have no right to do that.Their father is their father and for what ever reason he did not do the paternity test wether it be financial or he figured he would not stress the children out by fighting you for them he would be thinking one day they are going to want to know me.....your sons will have the right to change their name when they are of age and know all the facts from both sides .....you dont!
2006-11-09 09:36:24 · answer #3 · answered by blue_eyed_woman_of_3 3 · 0⤊ 0⤋
You can get paternal rights terminated through the courts on reason of abandonment, but there is also a form you can get the biological father to sign saying he gives up rights.
2006-11-09 09:19:33 · answer #4 · answered by nursesr4evr 7 · 1⤊ 0⤋
all you have to do is file for adoption and they will notify him and if he doesn't fight for it ,it will be granted ,but you can change last name ,i think even easier people do it all the time so its no problem changing last names,do the natural father ever see them any more,were you married to natural father,there are a lot away around it just do a lil more research its not going to be hard unless he cares about his children,then you be screwed,
2006-11-09 09:25:37 · answer #5 · answered by spinininthemud 2 · 1⤊ 0⤋
It may be easier (and cheaper) to just change their last names. You should be able to petition the court for this legal name change. I think you are required to publish the intent and court information in your local paper. Ex sounds like a bum. Probably wouldn't be a problem for you to do this and chances of him contesting it would be slim to none.
Kudos to your hubby for being an awesome guy!!
Good Luck
2006-11-09 09:18:43 · answer #6 · answered by his temptress 5 · 0⤊ 1⤋
just contact the guy and ask him. did he sign the birth certificates? if he didn't, your husband can adopt them at any time because the other guy has no rights to them. you might end up having to go through the courts though.
2006-11-09 09:17:23 · answer #7 · answered by redpeach_mi 7 · 1⤊ 0⤋
You can file for abandonment against thier real father and try to have his parental rights revoked. If you know where he is, you can tell him what your plans are and if he refuses, tell him that if he doesnt let go, then you will fight for child support payments. he certainly owes a grip of it. With that, he may go ahead and sign his rights away.
2006-11-09 09:18:09 · answer #8 · answered by JC 7 · 1⤊ 0⤋
If his name is not on the birth certificate, then you can just go directly to an adoption attorney and get it done.
2006-11-09 09:24:49 · answer #9 · answered by Mom to Foster Children 6 · 1⤊ 0⤋
Filing a petition for a name change is a lot simpler.
2006-11-09 09:19:04 · answer #10 · answered by Dorothy and Toto 5 · 0⤊ 1⤋