He never had anything to do with our son (his choice) I dont know where he is now or how to contact him (his parents pretend they dont know his whereabouts either), Ive broken off contact with his whole family now as they dont seem too bothered about my son either. I was wondering if I remarried would my new husband be able to adopt my son without my ex husbands consent? My ex husbands name is on the birth certificate.
2007-11-03 06:57:13 · 26 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I have sued for child support in the past, even they cant locate him!
2007-11-03 07:03:37 · update #1
Try a solicitor theyre free for upto first hour. Just be proud to know you have brought your son up on your own without any financial or emotional help from his father. Id carry on as normal for now as your ex isnt interested in your son. I mean 8 years not bothered about him or surname, whats another 10 years because he will be adult enough by then to realise that his dad hasn't bothered with him so he can make that choice on his own whether he wants to be adopted or not. What about the agrovation it will cause if you go ahead and do it and your ex comes back? He could try brain washing your son using the fact that you changed his name without consent, you never know your son may hate you for it. Whats your sons feelings on this? Also and Im talking future here what if you re marry and it goes wrong again for whatever reason you gonna be doing the whole process all over again of changing your sons name back to his original surname. Let your son decide when he is 18 years old and adult. Im divorced and have 2 daughters and Im keeping their dads surname and he dont pay and Ive a new partner. That way Im not affecting them I will let them decide.
2007-11-03 08:02:44 · answer #1 · answered by Anonymous · 1⤊ 0⤋
When I adopted my oldest son we were required to have his biological fathers consent. (he was married at the time of conception and was never leaving his wife for my ex). He saw the chance to never get caught for his affair and jumped at it.
But here's the deal, I believe that this would be a bad idea. It opens so many issues that we never think about when we're getting married...... like what if the marriage goes south. What if you finds out that your new husband is really a jerk. If the child is adopted than that jerk is in his life forever, visitation, etc. and then a whole other can of worms gets brought into the picture.
Don't confuse being a dad with being a father. If your new husband really has a good heart he'll be "willing " to be your son's dad. That doesn't take a piece of paper!
2007-11-03 07:19:56 · answer #2 · answered by open_phunguy 3 · 1⤊ 0⤋
The answer is a firm NO! You did the "tango" with the creep--married him and was impregnated by him (so you say at least) so even though you left him, this child is still legally his son as well. Even though your ex husband is most likely is a loser, and a snake, he is legally the kids father. Most likely he disappeared because he does not want child expense alimony to come into play. You need a lawyer right away to help track down the creep and make some kind of legal arrangement while your new boyfriend is still willing to adopt should you two get married. He may want to think that one over too before he makes the "leap of faith" in you and this kid!
2007-11-03 07:14:22 · answer #3 · answered by Dennis C 1 · 0⤊ 0⤋
I am in a similar situation; my son is now 15, and becuase I had married his father, he cannot be adopted without parental consent. Even a simple thing like getting him a passport needs a court order to waive consent. his father never made any attempt to look after his child in any way, I raised him alone. It might be worth pursuing it through a good lawyer though; there's a first time for everything!
2007-11-03 12:46:00 · answer #4 · answered by marie m 5 · 0⤊ 0⤋
no I'm sorry he won't it will need your husbands consent. The best thing you could do now before you were to remarry is seek legal advice and see if you can find your husband so that he can legally relinquish any parental rights i can't see why he wouldn't has he hasn't had anything to do with your son. That way then when the time comes and you do remarry there won't be any problems.
2007-11-03 07:04:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I think it depends on what state you live in and whether or not he has given up his parental rights. But, I believe that after a certain time limit, it is possible. You should do an internet search on your state's adoption laws. And...find a way to track him down for child support.
2007-11-03 07:01:00 · answer #6 · answered by Shannon! 5 · 0⤊ 0⤋
No you cant, you have to have the authorisation of the biological father, unfortunately, how ever I know of some one who had this prob and what they have done to get around it is, is to change the child's name to the new husbands name via deed poll, so in theory his birth certificate states the biological father but the child is actually know as the new partners name.
Its not very expensive to do either. Its worth looking in to.
Best of luck in what ever you do
2007-11-03 07:07:24 · answer #7 · answered by littlemermaid_72 3 · 0⤊ 0⤋
Yes he would. Your exhubby has no case in keeping his right as a parent being that he has no contact with your son in over a year (provided taht he actually knew where you were... like your residence hasnt changed since you two were together or something like that..... You would have to obtain a family lawyer and go from there. They would know the best avenue for you to persue.
good luck!!!!!!
2007-11-03 07:03:04 · answer #8 · answered by DrkBreizzy 2 · 0⤊ 0⤋
Your ex husband would have to sign over rights which being the way he is should be easy if you can locate his sorry ***! That is because his name is on the birth certificate. Good Luck!
2007-11-03 07:01:08 · answer #9 · answered by Anonymous · 1⤊ 0⤋
No he can not adopt him without your ex husband's consent. Since his name is on the certificate that is a definite no no.
2007-11-03 07:03:08 · answer #10 · answered by shyhonney 4 · 0⤊ 0⤋