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Hi,
Someone asked me to look up some info. I was hoping I could get some help here.
The woman was once married to the one guy. He committed a crime and was convicted and did some prison time. He later had to register as a sex offender. They had a son. They later divorced and the woman remarried. The new husband now wants to adopt the son. Of course, the woman wants this too. The first husband will consent but he wants the last name of the son to remain the same. The woman wants to be able to change the name.
What steps do you think the woman and her new husband should do to achieve what they want?
Thanks
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They may not be able to accomplish what they want.
If they have reasons that in their state would be sufficient to terminate the father's rights without his consent, they may choose that. (Note: this way costs more money than getting his termination voluntarially, plus usually a longer court battle.)
If they choose to lie to the father about what they'll do with the child's name, they may choose that. (note: this way may end in the adoption being overturned because consent was obtained fraudulently, plus possible fines.)
But the way the laws in this country are set up, you can't adopt a child just because you want to. As unfit a father as a former sex offender appears to be, the courts won't terminate his rights based just on that. If he's current on child support and/or visitation, the stepfather of the child may not get to adopt.
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To me, the name would be a minor thing. I would be much more concerned in having his parental rights ceded to the new step-father.
I'm married for the 2nd time, and have two kids with new hubby. I have sole legal custody of my children. I always knew that if I died, Hubby #1 would get the older 2 kids, even if Hubby#2 wanted them (in the case you give, maybe not, but maybe.... you need to find out). In my state, I cannot even specify who should be a guardian for my older kids if hubby #2 and I both die, since even if hubby #1 didn't want them HE would get to decide who raised them. Major problem for me. Even bigger -- I could do NOTHING to ensure that the younger and older kids could somehow continue their relationship. For me, that alone was a major reason to pursue step-parent adoption, though in our case it never happened that way...
Best of luck