You can petition the court for a name change. This can happen without an adoption. You need to wait till you are married to do it. A lawyer can advise you on how and the cost involved.Need ADOPTION advice! how can my soon to be husband adopt my son from a previous marriage to change his name?
If you're in the US it's almost never necessary to either be married or do an adoption in order to change your son's name. If all you want is a name change, contact the probate court in your state. Usually you fill out a form, write a check for the fee, and are given a court date. The reason you have to show up in court for the name change is that the judge is supposed to be comfortable the name change is not for fraudulent reasons before he or she approves it.
You're not even married to your new man and you want to give him 1/2 of all rights to your son? What on Earth are you thinking?
Most marriages do not last these days. Look at the relationship you had with your son's father. Yet, you want to rush headlong into having your son ';adopted'; by a man who hasn't proved his worth yet. You want to change your son's name, create a life-long legal relationship between this man and your son way too soon.
You need to slow down, calm down and wait a few years. I really don't think you have given this much thought. Do you have some close friends or family you can discuss this with? Adoption is a serious business. If you break up with this guy, he'll still have say so over you son until he's 18. If you marriage doesn't work out and he turns out to be the jerk of the century, he'll have control over you through your son for years to come. I just really have a hard time understanding your thinking in this matter. It's definitely not in your son's best interest.
You do not have to be married to change his name you just go to the court house and pick up a petition for a name change form and do what is required from your state to notify the bio-dad.
As far as adoption goes, you need to call an attorney because each state is different. My husband adopted my children from my first marriage and before we could even start the process we had to be married a year. Also I had no idea where my ex was, he was very behind in child support and had not seen the kids in over 5 years. All of this was grounds to involuntary terminate his parental rights. We did have to hire a warning order attorney to try to find him but when they were not able to the adoption was granted without his consent.
I would say you need to talk to a lawyer
YOu will need to get the father rights taken away, if he still have them
Or you need to fine him and sing his right away
One of these have to been done before you husband can adopt your son
Be careful
I know a women that mother married a man when she was two
Her father left when she was a infant
He adopted her
She never knew he was not her real father
He was the only father she knew
When she was 12, the divorce, and she never saw him again
As a women, that has left an impact on her
Before your husband adopt your son, make sure your husband will be in your son life. No matter what happen to them, he will be your son father.
Having two father leave, is an awful thing
Make sure he knows adopting is for life, if you stay together or not
After you've been married 6 months contact an attorney to start the process. The child's father will need to be contacted and he will sign off on his rights, request custody of the child, or the court will terminate his rights. He does have rights---didn't use to but in this day and age that's how the court works.
Yes you need to be married.
There actually isn't a set amount of time you need to be married before you can file for adoption. Try rapidadoption.com At any rate, it always bothers me when women get married and have to get an adoption right away. You don't even know it'll work out. Just because you needed a new husband doesnt mean your child needs a new dad. Maybe your child has a right to maintain his heritage and keep his last name.
What's the hurry? Does your son want his name changed? Why do you have to all have the same name? I have 3 boys, 1 has my last name , 2 have their own, they are 15,13,11. They would be very upset if I told them they had to change their names to my new husband's . And I know this because I just got remarried last year. Just think about it befoe you jump into it.
we just went through this... my husband adopted my son. We had to be married at least a year and then got an attorney to help with the process. I know in some cases you only have to place an ad in the last known town you ex lived in but in our case my ex showed up and decided to fight after not having contact for 4 years and was over $15,000 behind in child support. It took 1 1/2 years for it to be final and $10,000 in attorney fees but well worth it. I would call a good attorney and get advice and most will do a free consultation. Good Luck
You will have to find the father and he would have to sign away his rights first.
Second, you would need to be married for a certain amount of time (depending on where you live) before adoption could take place.
I think you have to be married at least 2 years and some effort needs to go into obtaining the father's permission, since the child carries his name.
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