We are trying to revoke my oldest daughter's rights away from her bio dad. He is more then willing to do this. My husband wants to adopt her once this is all said and done. I was told that doing a Child Guardianship would be cheaper and is the almost the same thing. We (myself, husband, and daughter) want her to have my husbands last name and I don't know if this would let us do this or not. What would happen with my rights?
Asked by Anonymous at 6:05 PM on Aug. 23, 2010 in Adoption
Answer by surfcitymom at 7:25 PM on Aug. 23, 2010
Answer by specialwingz at 6:13 PM on Aug. 23, 2010
Answer by dragonlady44 at 6:17 PM on Aug. 23, 2010
Answer by specialwingz at 6:17 PM on Aug. 23, 2010
Answer by TezMoM at 6:24 PM on Aug. 23, 2010
Answer by hsmominky at 6:24 PM on Aug. 23, 2010
If the parental rights of the father have been terminated....you can change her name to anything you want it to be. Including Hambone if you wanted it to be that. I can change my son's last name right now if I wanted to. So if you wanted her to "match" your last name you can. In adoption she would be his legally. Which means she would be entitled to all the benefits a child is entitled to. If she was adopted, and your husband died, she could collect his social security benefits and you would get a small amount being the mother of his child. With guardianship she would not be entitled to those benefits. If you both died and no adoption and no will - she would only get the half that you have from your relationship. If she was adopted by him she would be his child and receive the full portion of the estate entitled to her by law (and if other children divided among those children as well).
Answer by frogdawg at 7:06 PM on Aug. 23, 2010
While there are many benefits adoption affords there are some draw backs. One being that if my spouse died (the father of my child) and I had my new husband adopt my child....what if I divorced? Then my husband could sue and get full custody of my child. That is the risk. He would forever be the parent I have to consult with. My husband and I adopted our child but I have thought about the fact I will never let another man adopt my child should something happen to my husband. I would never risk the chance of not being the person to be there daily or make decisions daily. I would have no problem with any new husband being called Dad and being a role model for my child. But decision making and custody will always be mine.
Answer by frogdawg at 7:12 PM on Aug. 23, 2010
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