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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in CT and have. 3 year old son. The Fathers name is

Customer Question

I live in CT and have. 3 year old son. The Fathers name is ***** ***** the Birth Certificate and I my husband wants to adopt and change his last name to his. What do I have to do in CT.
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
1) Do you know who the father is?
2) Does the biological father AGREE to the adoption, or, would he?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
Yes he has never been involved and does not think it is his
Expert:  Ely replied 2 years ago.
Thank you.
1) Because one knows that he is the father even if he is not formally, to be safe, it is best to have him SIGN OFF on a termination of paternity that is filed BACK TO BACK with the adoption.
2) The adoption is filed back to back with the paternity action, and the Court would then terminate his rights and make the other man the father by adoption.
3) Some people would simply not serve the biological father ("biodad"), or, have him "sign off" on the adoption without terminating his rights fully, but that then risks biodad coming back demanding visitation, custody, and/or to void the adoption claiming he was never properly notified as the father, etc.
So this involves TWO separate pleadings, filed back to back. Needless to say, this is complicated and one wants to use an attorney here. May I recommend the CT Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. The link also has leads to pro bono/low cost options as well.
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