QUESTION
How do I go about having my boyfriend adopting my son and changing his last name? Fathers name is not on Birth Cert.
Asked on May 03rd, 2011 on Family Law - Iowa
More details to this question:
The biological father has not had contact with my son. He has not paid child support in two years and is surviving a 10 year sentence. My boyfriend has been his only Dad since he was born, so not sure if that would give him anymore rights since he has been head of household and taken care of him for 5 years. We also have a 9 month old together. We would like this done before he start kindergarten this fall. Would it be easier after we are married?
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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You will need to terminate the father's parental rights prior to the adoption. This can involve two complicated legal fights (termination and adoption), so I would suggest contacting a local attorney to discuss the issue.
Also, you mention marriage. When children are involved, I would always suggest marriage. Marriage provides protection and rights that a partnership does not- especially concerning property. Realize that when your boyfriend adopts your child, he will have the same rights as you do, and even though you are the birth mother, he can receive sole physical care in the future in a court action and you lose physical care. Thus, this is not an action to be taken without good legal advice.
Answered on Oct 30th, 2011 at 3:11 PM