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Mom Confessions Mom Confessions

Legal help? (Piog)

Posted by on Jan. 20, 2013 at 8:31 AM
  • 69 Replies
I will be contacting a lawyer I'm just looking for some advice.
I have two DD's, one is 4 the other 6 months. I just got out of an awful relationship with DD2's bio father. I went back to my husband since we have resolved all of our issues. We are married still, we had only separated.
According I MS state law, my husband is listed as the father on her birth certificate, but she does not have his last name, she has her bio dad's. DH would like to adopt her and I want her to have the same last name as DH, DD1, and myself.
Does bio dad have to sign away rights or can I proceed with the adoption process without involving him?
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by on Jan. 20, 2013 at 8:31 AM
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Replies (1-10):
joyfullem
by Bronze Member on Jan. 20, 2013 at 8:33 AM

why is someone that is not her father on the BC?  If husband is on the birth certificate technically he has the rights but I guess I am confused on why he would be?

MOMMYSLOVE13
by ♥♥Brandi♥♥ on Jan. 20, 2013 at 8:33 AM
1 mom liked this

 Bio dad has just as much rights as you do.

KanPsMommy
by Gold Member on Jan. 20, 2013 at 8:38 AM
My state law says my husband HAS to be listed as the father. He signed a waiver at her birth saying he knew he was not the bio father allowing me to give her another last name, so she has her bio fathers last name. But bio after is not on the birth certificate, making DH her legal father already.

Quoting joyfullem:

why is someone that is not her father on the BC?  If husband is on the birth certificate technically he has the rights but I guess I am confused on why he would be?

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KanPsMommy
by Gold Member on Jan. 20, 2013 at 8:39 AM
Legally at the moment he has no rights.

Quoting MOMMYSLOVE13:

 Bio dad has just as much rights as you do.

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Anonymous
by Anonymous on Jan. 20, 2013 at 8:40 AM

Ha. You slept with him, choosing him as the father of your next child. You may have a good fight on your hands, and rightfully so.

joyfullem
by Bronze Member on Jan. 20, 2013 at 8:43 AM

I have never ever heard of something like that.  It doesn't even make sense, but if thats the case then I have no idea.  If your husband signed something saying he wasn't the father than you still probably need to get Bio dad's permission for the adoption

Quoting KanPsMommy:

My state law says my husband HAS to be listed as the father. He signed a waiver at her birth saying he knew he was not the bio father allowing me to give her another last name, so she has her bio fathers last name. But bio after is not on the birth certificate, making DH her legal father already.

Quoting joyfullem:

why is someone that is not her father on the BC?  If husband is on the birth certificate technically he has the rights but I guess I am confused on why he would be?


ktwister
by Silver Member on Jan. 20, 2013 at 8:43 AM
Yes, the bio dad has potential rights he can petition for. His rights will need to be terminated.
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Anonymous
by Anonymous on Jan. 20, 2013 at 8:45 AM

If you DH is the one on the BC, legally, he is her father. Now, your ex get could get a paternity test and get rights if he wanted. However, right now, you should have no problem getting the child's name changed right now and even if your ex got rights, he wouldnt' be able to get the name changed back

KanPsMommy
by Gold Member on Jan. 20, 2013 at 8:45 AM
This isn't even helpful, but no if he chooses to be a part of her life we will not worry with adoption and will leave things as they are.

Quoting Anonymous:

Ha. You slept with him, choosing him as the father of your next child. You may have a good fight on your hands, and rightfully so.

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LoriLou75
by Ruby Member on Jan. 20, 2013 at 8:46 AM
Sounds to me like you only need to legally change the name. You should consult with an attorney though.

Quoting KanPsMommy:

My state law says my husband HAS to be listed as the father. He signed a waiver at her birth saying he knew he was not the bio father allowing me to give her another last name, so she has her bio fathers last name. But bio after is not on the birth certificate, making DH her legal father already.



Quoting joyfullem:

why is someone that is not her father on the BC?  If husband is on the birth certificate technically he has the rights but I guess I am confused on why he would be?

Posted on the NEW CafeMom Mobile
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