ok so my husband wants to adopt my daughter,(he is not the father)her father is not on the birth certificate,has never went down to take his dna test so they cant force him to pay child support,he is in jail now,i think the DA is going to make him take a dna test,since they finally have him now,however,here is my concern,he probably will be deported and i dont want paternity established and then he is deported and i cannot get him to sign his rights over, now with that being said can my husband just sign an affidavit saying he is the father??? the real dad doesnt care,, but i dont know how that would
work considering they have the real dads name on the papers as a potential father,, someone please help, i just want all this behind me and for my children to all have the same last name.can he sign an affdavit or will we have to establish paternity and then try to get him to sign rights over,, and then make my husband,, the only man their for my daughter have to pay to adopt her.....
2007-03-01 08:41:18 · 6 answers · asked by madre_de_isabella 2 in Politics & Government ➔ Law & Ethics
Frog
my daugher does call my husband dad, he is the only father shes ever known,,she doesnt know any other man,,, my husband is a good father and he loves her more than anything, but he want her to have his last name, he Legally wants to be here father,, not just because he acts and says so... i thought maybe he could just sign an affidavit and they wouldnt test him,,,
2007-03-01 09:27:43 · update #1
peter
isnt an affidavit a written declaration or statement made under oath mostly pergury,,, everyone knows that, thats how the lawyers refer to it,, its not that he dont want to adopt my daughter, but god knows i dont want to have to pay for it,, im worried that he cant adopt her, since her fathers name is on the papers as potential father,, we would have to have her fathers permission, he would give it, but the fact is he's going to be deported, and then there is no way to get ahold of him so my husband probably wouldnt be able to adopt her at all, thats y my husband just wanted to sign an affidavit and put his name on her birth certificate...
2007-03-01 09:46:01 · update #2
Mlaw
its not a matter of getting permission from her real father,, i know he will give it, he told me once b4 he would because he didnt want her and didnt want to pay child support,, the problem is that by the time i contact a laywer and try to get this squared away, the dad probably wont even be in the country to sign anything...
2007-03-01 09:48:10 · update #3
You need to get a lawyer to handle this. It is way too complicated to try and do on your own. You want to make sure the best interests of your child are considered and her rights protected. Do it yourself custody agreements rarely hold up. It shouldn't be too expensive since you doubt he will fight it. A lawyer will make sure the agreement is valid in the eyes of the court.
2007-03-01 08:50:29 · answer #1 · answered by arkiemom 6 · 0⤊ 0⤋
Well he doesn't have to legally be her father in order to love her, take care of her, and be there for her. She will love him just the same. If he treats her like his own, why worry about her real father? I know she will ask later in life, but then she'll have a better understanding of life and will understand this too. It's the love that is most important in a family. Not the name. Anyway, having your husband sign will just make the court test him too and then the truth would be out. Any sperm donor can be a father, but it takes a real man to be a dad. Let your husband be her dad. She can call him dad and love him as dad. Let the other donor get deported. Who needs him? What's in a name? You've got LOVE!
2007-03-01 16:59:14 · answer #2 · answered by froggsfriend 5 · 0⤊ 0⤋
Lying on an affidavit is a crime in most areas.
If you are looking for someone to tell you to lie on an affidavit, or that it isn't a big deal, it won't be me.
We are telling you to go the legitimate route, rather than do something dishonest. What kind of example are you setting for your daughter, if her adoption is obtained fraudulently.
And what if you get caught. Would you rather hire a family lawyer now or a criminal lawyer later? Think about it.
2007-03-01 17:28:01 · answer #3 · answered by Peter 3 · 0⤊ 0⤋
This is not a custody question; it is an adoption question. Step-parent adoptions are relatively easy & not costly, especially if the biological father consents. Talk to a lawyer who does step-parent adoptions (just about any family lawyer) & he'll explain what has to be done. All you need is the bio father's written consent; & you & your husband file a petition with the court for adoption. One quick court appearance; send a copy of the adoption decree to the state of birth for a new birth certificate & voila! New family.
2007-03-01 17:44:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Talk this over with your lawyer and tell him your concern. Keep it legal. Remember a DNA test can be ordered at any time. Protect yourself. i wish you and your family well.
2007-03-01 16:50:28 · answer #5 · answered by lucyshines49 4 · 0⤊ 0⤋
yep he has to adopt them
2007-03-01 16:51:02 · answer #6 · answered by REESE H 1 · 0⤊ 0⤋