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Step parent adoption question

Posted by on Mar. 15, 2015 at 2:46 PM
  • 34 Replies
I love in Florida, my fiancé and I just got engaged but we have been together for 5 yrs we both want my 6 yr old to have the same name as us.

If we just change her last name which is cheaper and easier, she still has ex on her birth certificate and he is still legally her father.
But if fiancé legally adopts her it's more expensive and invasive. But it makes my new husband her father on the birth certificate.
but What I want to know is if I ask ex to do this voluntarily what incentives can I let him know this includes? Does he never have to pay child support again? Does he get forgiven for past child support he never paid.
He can still see her, but he doesn't do it now so that not a big issue. He lives in Texas. There is no court order in place for visitation anymore.

Thanks in advance for any helpful advice
by on Mar. 15, 2015 at 2:46 PM
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Replies (1-10):
illogicalkat
by Gold Member on Mar. 15, 2015 at 3:48 PM

You'll need to talk to either an attorney or someone aat family court, but usually the step-parent can only adopt if the biological parent signs away all rights. That also (usually) eliminates support requirements.

But, I am neither a lawyer nor do I live in Florida, so you'll really have to find out what the laws in your state are.

copperswifey
by on Mar. 15, 2015 at 9:33 PM

If he signs over his parental rights and the child is adopted by your fiance then he would not have to pay any future child support. I'm not sure on back child support. They could still force him to pay it, that would be up to the State. :) 

timon95
by on Mar. 15, 2015 at 9:46 PM

I agree with the previous poster, I would talk to a lawyer about it. I would think that seeing as he is signing over all rights he would not have to pay child support. so, is it important to you that he pay child support?

Kmakksmom
by on Mar. 15, 2015 at 10:32 PM
More than likely future child support payments wouldn't be necessary for him to pay.
Darkangelpunk
by Member on Mar. 16, 2015 at 1:17 AM
No Hes never paid more then 3 or 4 payments in 6 yrs so I don't even want him to have anything to do with us anymore. If That's one of the perks than great maybe he will sign the paperwork

Quoting timon95:

I agree with the previous poster, I would talk to a lawyer about it. I would think that seeing as he is signing over all rights he would not have to pay child support. so, is it important to you that he pay child support?

Tckosdk.2012
by Bronze Member on Mar. 16, 2015 at 1:35 AM

The only perk for him is he will never have to pay child support again. He will still owe you for the back child support though. If you are still going to let him see her if & when he wants I wouldn't change her last name that way you can still get the child support. He will eventually have to pay it.

Darkangelpunk
by Member on Mar. 16, 2015 at 1:59 AM
I don't need or want his money I have never needed it I would rather my fiancé be her legal father on the birth certificate because he is a good man not a deadbeat like my ex. If I ever want to go on vacation out of the country I will have to get my exS permission to take her, I don't want to have to go thru that hassle

Quoting Tckosdk.2012:

The only perk for him is he will never have to pay child support again. He will still owe you for the back child support though. If you are still going to let him see her if & when he wants I wouldn't change her last name that way you can still get the child support. He will eventually have to pay it.

LaniBee
by on Mar. 16, 2015 at 9:46 AM

I live in FL and my current DH has legally adopted both of my children.

I did not have an attorney. I used a paralegal service to write up all the paperwork and filed it at the courthouse myself. It's much cheaper. My ex voluntarily gave up his parental rights. This means he is no longer responsible for child support. 

Their birth certificates have been changed as well as their social security cards and passports issued with their new last name.

tinadf7
by Member on Mar. 16, 2015 at 11:22 AM
We're going through the step parent adoption process too. I just asked him (son's biological father) to fill out a form signing away his rights, have it notorized and send it back. We're not to the stage we need it yet though. We're still waiting on the federal background check. According to the attorney that's all we needed.
mrswillie
by Platinum Member on Mar. 16, 2015 at 11:25 AM
Is ex in the child's life?
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