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My son will be 6 in August. My ex-husband and I had been trying to concieve for awhile when I was drugged and raped. A couple weeks later I found out I was pregnant. My ex-husband and I had agreed to keep the baby because we'd love him no matter what. My ex-husbands name was put on the birth certificate. It became too hard on my ex-husband and when my son was 6 wks old he demanded a paternity test...which showed that my son was not his. It became too much for my ex-husband and he left. We were divorced less than 2 months later. It is also stated in our divorce papers that my son was found not to be my ex-husbands. However we never had his name removed simply because we didn't know how.
I am getting ready to get re-married to a man that I've been with since my son was about a year old. He is the only Daddy that my son has ever known and in both thier eyes there is no question that they are father and son. We would like to make that official by having my soon-to-be husband adopt him. Unfortunately we have no idea where to begin! We are also wondering if there is going to be any trouble due to my ex-husband's name still being on the birth certificate. My son was born in Kansas and we all still live in Kansas. Any help would be most appreciated! Thanks in advance!!
I highly recommend you consult with a lawyer about your situation. Typically, the "bio" dad (the father that appears on the birth certificate for all intents and purposes) would have to sign over his parental rights OR have them terminated by the court if it is found that consent is being withheld contrary to the best interests of the child. It sounds as though your ex would possibly be willing to sign over his rights? If so the process will be much smoother, shorter, and cheaper.
Since your ex is not actually the child's biological father, you may be able to have him removed from the birth certificate independently, but I do not know how you would go about doing that (Again, this is where a lawyer would be very helpful).
Sounds like you ended up with a lovely family after a traumatic situation. Best of luck with everything.
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