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KB.
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Post by KB. »

Do you have to be married to the mother of a child in order to adopt that child? Let me try and explain better, The mother has full custody, the biological father is on the birth certificate, he has no parental rights, but she is still his child. He has not worked in two years, was arraigned this morning on charges of domestic assault and aggravated rape, he has never paid child support. The child is almost ten months old.

Adoption laws for revoklng rights seem to be less tringent than just revoking rights. At least in TN. If anyone wants to read the section and see if they have a clearer sense of what it say feel free. I've been up almost 40 hours and am a little incoherent.

http://www.state.tn.us/tccy/tnchild/36/36-1-102.htm
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spot
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Post by spot »

Was he ever married to her? Is he proposing to adopt the child? Has he ever adopted the child?
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minks
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Post by minks »

http://www.adoption.org.uk/information/ ... ption.html

in this link it says you do not need to be married to adopt the child, if I understand your question correctly KB.

http://library.adoption.com/laws-legal- ... 117/1.html

this link says some states require the couple to be married

and I am stumped to find info for canada (go figure) at the moment.
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KB.
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Post by KB. »

spot;714518 wrote: Was he ever married to her? Is he proposing to adopt the child? Has he ever adopted the child?


Never married, but his name is on the birth certificate as the father, which he is. Basically the object is to get him removed from that position. No connection to the child at all on paper. He isn't a father except on paper. The paper needs changing.
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spot
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Post by spot »

Absolutely impossible.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
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KB.
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Post by KB. »

spot;714521 wrote: Absolutely impossible.


How so? If a man can adopt a child and have that child take his name it can't be impossible. Once those rights are revoked the child can be adopted.
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minks
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Post by minks »

KB.;714523 wrote: How so? If a man can adopt a child and have that child take his name it can't be impossible. Once those rights are revoked the child can be adopted.


KB he is the father, he biologically contributed to creating the child, he will always remain that. It is important he is acknowledged if nothing else for say health reasons down the line.

There could be some health thing the child could be predisposed to that comes from the father or his side of the family, that information has to remain in tact.
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KB.
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Post by KB. »

Hell I ain't talking about that.

I'm not making myself clear.



She has his last name, the baby does, we want that to go away. That is all. Maybe it is easier than I am making it out to be. If she ever marries someone she wants the child to be able to have that persons last name. and until then have her last name.
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minks
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Post by minks »

so you are saying said child has fathers last name, and you all want that erased ???

New man in mothers life wants to adopt said child and everyone wants child to have new mans name???
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KB.
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minks;714527 wrote: so you are saying said child has fathers last name, and you all want that erased ???

New man in mothers life wants to adopt said child and everyone wants child to have new mans name???


Let me break it down.

Right now the baby has her biological father's last name. He signed the birth certificate as father. If he hadn't it wouldn't be an issue.

Right now she wanst the baby to have her last name, I mean who would want their child to have the last name of the man that beat the **** out of you and raped you?

In the future if she marries she wants the child to be able to have her husbands last name if the man decides to adopt.



As long as the biological father has those rights granted by the birth certificate the child can not be adopted.

Need that fixed.
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minks
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Post by minks »

KB.;714529 wrote: Let me break it down.

Right now the baby has her biological father's last name. He signed the birth certificate as father. If he hadn't it wouldn't be an issue.

Right now she wanst the baby to have her last name, I mean who would want their child to have the last name of the man that beat the **** out of you and raped you?

In the future if she marries she wants the child to be able to have her husbands last name if the man decides to adopt.



As long as the biological father has those rights granted by the birth certificate the child can not be adopted.

Need that fixed.


got ya, I would guess it's a state by state thing, and a perhaps a lawyer is what is needed, wish I knew more on this for ya KB. Any idea if the father will allow the child to be adopted? I am guessing not likely huh.
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KB.
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Post by KB. »

minks;714530 wrote: got ya, I would guess it's a state by state thing, and a perhaps a lawyer is what is needed, wish I knew more on this for ya KB. Any idea if the father will allow the child to be adopted? I am guessing not likely huh.




Oh he says he will give up the rights when she threatens to have him arrested for failure to pay shild support, but of course he won't do that. I figure I can either pay him or go get arrested and have a friend at the Sheriff's department make sure we share a cell.
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minks
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Post by minks »

KB.;714531 wrote: Oh he says he will give up the rights when she threatens to have him arrested for failure to pay shild support, but of course he won't do that. I figure I can either pay him or go get arrested and have a friend at the Sheriff's department make sure we share a cell.


hmmm perhaps he needs to be presented with some kind of document and maybe he will surprise everyone and sign it releasing his self from the child's life.
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KB.
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Post by KB. »

minks;714532 wrote: hmmm perhaps he needs to be presented with some kind of document and maybe he will surprise everyone and sign it releasing his self from the child's life.


Dear he has been presented with that document since the first time he tried to choke her to death.

He ain't going to surprise anyone, evil never does.
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minks
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Post by minks »

KB.;714535 wrote: Dear he has been presented with that document since the first time he tried to choke her to death.

He ain't going to surprise anyone, evil never does.


well I dunno what to tell ya then KB wish I could help :(
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KB.
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minks;714536 wrote: well I dunno what to tell ya then KB wish I could help :(




I know, and I appreciate it. I'm just trying to keep my mind occupied basically.
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spot
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Post by spot »

KB, you do seem to have a few confused issues here.

The birth certificate. No no no, you cannot and will not ever get the factual detail on that changed. It's a record of a moment in history. [1]

Adoption. By all means, when she remarries, the new husband can adopt the child, though I see no reason whatever why he should. It might have an effect on who the legal guardian of the child would be in the event of her subsequent death. It has nothing to do with the child's surname.

Changing the surname of a minor in the state of Tennessee costs $35 less 25% if you use the coupon code and you do it by filling in an application form at http://www.the-law-store.com/gennamchanki1.html



[1] eta: I note for completeness that you can have the biological father *added* to an existing birth certificate and get it re-issued if it's not there at the time of registration and a court subsequently affirms parentage, but it doesn't work in reverse.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
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Post by Lisa »

This must be about that CUTIEPIE:-4 you posted pictures of awhile back.

I hope everything works out for you. Good Luck! :)
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Post by 911 »

I think Spot is right. His name will never come off the birth certificate but she can be adopted and given the husbands name. The mother can change the childs last name to hers if she wants to. A lot of people do that to keep down the confusion when they go to school. That's done at the Probate Office here for a small fee.

Now, whether you (or whomever) wants to adopt the child without marrying the mother, I don't think so, but it's best to check with an attorney. I don't think it's a good idea, though. Should the two of you ever break up, she can come after you for child support, whether you marry her or not (if the law allows you to adopt without marriage).

If you love this woman enough to adopt her child, why not marry her? If something is stopping you from marrying her, then take a step back and reevaluate before attempting to adopt the child.

:-6
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KB.
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Post by KB. »

It isn't so much about the love for the mother as it is about keeping that little girl out of that scumbag's life. It's taken care of though. Thanks for the info spot. I am sure if I had not been lazy I could have figured it out, but the last few days have been worrisome.

Everything will work out, regardless.

Thanks for keeping me occupied as I wrote that last story folks.
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