My son is 3 he has my last name my fiance has raised him since he was born his biological father has seen him 2 or3 times since he was born and does not give child support or been around for a good 2 yrs what can i do to change his last name when marrie
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Anonymous
ANSWERS: 5
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First, hire a good family law attorney. It appears you have the requisite grounds to file for a termination of parental rights against the biological father. After those parental rights have been terminated, and once you're married, your husband can adopt the child.
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The biologicaal father has to give up his rights or you have to legally have them terminated. If you try to do this, hope that he doesn't contest it. I don't think he will because you could then sue for child support. Another important factor: is he on the birth certificate or in any way acknowledged his child in writing? If not, you can always say the biological father is "unknown". When you get married your new husband will have to legally adopt the boy.
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Your son is only three, why don't you give him the choice when he is an adult. He has a right to accept or decline your request. After all, it should be more about him, not your fiance. You're trying to make a decision based on you and your boyfriend whom you're not even married too. He's father is after all the biological father of the boy. I don't think I would want anybody else's name except for the name of my real father, worthless or not. That's for him to decide. That's he's birth right, do the right thing.
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Rebuttle to Skariff: I think you're missing the point. Sometime, maybe he or he's children or children's children may want to trace there roots. And you are ready to break that chain because you think it's better without even thinking about the ramifications of what you’re doing. A biological heritage is important to many people. Go check out genealogy and go figure, millions and millions want to know. If you don't get it by now, you never will. I rest my case.
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I was in the same spot as you except the bio. father was not in the pic from 2 months pregnant on.. so my then boyfriend was put on the birth cert. so it was easy for me to change his name to my husbands name. For you if this is not the case you will need a judge to agree to change his name or you will need your soon to be husband to adopt your son and the bio. father to sign off rights
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