QUESTION
Changing my sons last name and trying to get other parent rights gone.
Asked on Sep 11th, 2012 on Family Law - New Jersey
More details to this question:
My son is now 3 years old, He was born in Aug. 5. 2009. My finace and I have been together Since March 2010. We want to change my sons last name to mine, and try to make adoption happen asap. My sons biological father has not seen or made any payments. The last time he seen my son was Nov 2009. He came in contact with me twice in 2010. Fathers day and my sons first birthday. I told him to please try to make more of an effort and prove to me he isnt going to stay away again. After this there was no effort. I don't know where he is living. I'm unsure as to what rights he has to my son. I want what is best for my son. We have built a life together, my son, myself and my fiance. I am scared to do anything because i know he is spiteful, and i dont want him to disagree with things to make me upset, and then never be there for my son. I dont know what to do, or how to go about anything. Please help me.
1 ANSWER
2 Awards
If your fiance is going to adopt your son, the child's father will have to be notified, and has the chance to object to the adoption. It is hard to answer your question with out knowing more about the custody arrangement between you and the child's father. Whether he has visitation, and is not keeping up with that, or whether he has any custody rights, will affect the ability to do an adoption. Also, custody, visitation and child support do not all go together. Even though the child's father does not see him, he still has child support obligations that can be enforced. Until the child is 18, anything to do with the name change or adoption will have to involved at least serving notice on the child's father.
Answered on Sep 12th, 2012 at 8:52 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship