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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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The biological father of my three year old son has not had

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The biological father of my three year old son has not had any conduct verbal or written since around May 10 2009. I filed for child support through the state of texas in Nov 2008 and informed him he needed to go to a child support office in Maryland to settle it but the child support claim still has not had any action seen. The biological father and I were never married but his name is XXXXX XXXXX birth certificate and he signed a parental acknowledgment. The biological father is also in the military. Now for my questions. How can I change my son's last name? Does the biological father have any rights? If he does how do I go about removing these rights? Should I try contacting him about child support?

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

Currently the biological father has rights equal to yours. This is true regardless of the facts that he is not pay child support nor has he had contact with your child. You may want to consider a stepparent adoption by your husband.

The process, generally speaking, is to file a petition to terminate the biological parent's parental rights and to permit a step parent adoption.

Step-parent adoption is a fairly streamlined process. After you file the petition, the court may do a home study of your family, however this step may be waived by the court. Finally there will be a hearing to finalize the adoption.

The forms and procedures will need to be followed completely, My best suggestion is that you try Legal Aid. They can represent you based on your ability to pay.

If you cannot retain an attorney then you can copy the forms at your local law library or buy the forms on line complete with instructions.

I found a site with state specific forms that you can use.

Here is the link for Rapid Law:

Please let me know if you have any questions concerning my answer.
Ellen and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Does it matter what state we file for the adoption in?
You would typically file in the state where the child has resided for the prior 6 months