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i was wondering, if i should happen to get a husband someday, would he need my childs real fathers written permission to adopt him? his real father has no contact with him, i am the sole guardian of my son. as far as child support, my sons real father won't pay it. i know if it came to the real father being asked permission, he would say 'no' just to be an a@#hole.

2007-01-05 03:45:45 · 15 answers · asked by Anonymous in Pregnancy & Parenting Parenting

15 answers

Is this father's name on the birth certificate? If not go your court house and put the new husbands name on it as if he's the father, If he wants to be the childs Father/Dad. I did it. A sperm donor doesn't make a Dad, love does.

2007-01-05 03:59:56 · answer #1 · answered by Anonymous · 0 0

If the birth father hasn't lost or given up all parental right, you almost always need his permission. Some states allow it based on abandonment-no child support or contact for a certain amount of time. If he has already been out of the picture for a long time, you can try for sole custody now, so you won't need his permission later. Find a case worker or ask a lawyer for a free consult on the laws in your area.

2007-01-05 12:13:51 · answer #2 · answered by Dreaming Dragon 4 · 1 0

You would have to get a lawyer to make it happen if it ever came down to it. But you would also have to have a new husband who wanted to spend a lot of money on that and become 100% responsible financially for your son because if he did adopt him and you divorced, he would then have to pay you child support on a child that wasn't his by blood. You should be going after your son's father for child support - it is your son's right to be supported by his real father.

2007-01-05 11:50:17 · answer #3 · answered by Tink 5 · 0 0

I am under the impression the sole custody does not necessarily mean your child's biological father has no parental rights. I could be wrong.

One thing I do know, though, is if he has had no contact with his child for a certain period of time the court could terminate his rights, based on his "abandonment" of the child. So even if he is unwilling to sign away his rights it would be possible for a court to take away his rights.

There would be attempts on the part of the court to notify him about any proceedings against him, and he may or may not show up and fight it.

2007-01-05 12:12:59 · answer #4 · answered by WhiteLilac1 6 · 0 0

depends on the laws.. An if your son has his last name.. I know where i live if the child has the real fathers name you have to get him to sign all rights away so someone can adopt your child..

2007-01-05 11:50:16 · answer #5 · answered by pruittsgurl_01 2 · 0 0

In order for another man to adopt your child, the biological father would have to sign his parental rights away. If you are not getting child support for your child, and you don't want to sue him for child support, then you should have him sign his rights away now. That way, when you do find a man that loves you and your child, your ex won't get in the way of that relationship.

2007-01-05 11:51:55 · answer #6 · answered by redbird 2 · 1 0

In most states you have to have the parents rights terminated in order for your hubby to adopt your child, and this takes time. If you ex is willing to sign over his rights and permission for your hubby to adopt then it will go much faster. Contact an attorney to see what needs to be done.

2007-01-05 11:53:37 · answer #7 · answered by sunflowerlizard 6 · 0 0

The real father would have to give up any parental rights he has. Maybe your state has an abandonment law. I would ask a lawyer.

2007-01-05 12:18:09 · answer #8 · answered by KathyS 7 · 0 0

I 'm not sure the terms of your sole custody agreement but my best guess is that yes your ex would have to give up all his rights and that includes not paying child support anymore. I understand he doesn't pay it now but if he has been ordered to you can take him to court easily and have it taken right out of his paychecks.

2007-01-05 11:50:56 · answer #9 · answered by mary3127 5 · 0 0

it doesn't matter that the real father is an A@@ either he signs away his right or you fight and say he is negligent parent either way it costs money and you still might not get the outcome you want.

2007-01-05 12:49:48 · answer #10 · answered by Catherine A 3 · 0 0

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