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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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The father of my child has not seen her in 3 years...my fiance

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The father of my child has not seen her in 3 years...my fiance wants to adopt her and that is who she calls her father...he pays for everything for her... the biological father has never paid anything for her and has not contacted child enforcement services for rights to see her in this amount of time. How can I have my fiance adopt her

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

Does the Father have his parental rights established?

Customer:

He had dna testing through the state but never signed the birth certificate or filed for visitation


 

SoloLawyer :

Thank you. If he hasn't established his parental rights, that will make things much easier for you. You should be able to contact a local attorney and sinply file a motion and get the adoption started. You would not need to notice him because he is not the "legal" father.

Customer:

So I just file a motion for adoption...can my fiance sign the birth certificate before this. I wanted to change her last name to my fiances name soon because she will be starting kindergarten and she knows her last name as my fiances last name not her "legal" last name

SoloLawyer :

No, you'll need to file the adoption first and then your lawyer will work on getting the birth certificate altered to reflect that he is the father.

Customer:

I am scared that by filing adoption papers the bio father will try and get paternal rights established then and make my daughters world upside down. Will the bio father be able to do anything? He has a felony record and has 2 other children by different women who he also doesnt pay for or see

SoloLawyer :

Since he doesn't have any rights, I don't believe you will have to notice him at all. He shouldn't even know about it when it happens.

Customer:

Can he come back years from now and try and establish rights?

SoloLawyer :

No. The adoption gives the new father legal rights.

Customer:

ok well thank you very much


 

Customer:
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