my husband and i have been married for 2 yrs and together for 5 yrs. he wants to adopt my daughter as his own as well as change her last name to his. 2 questions... is it possible to change her last name to his since right now it is my maiden name with out having to adopt her? and also the original question can he adopt her even tho the biological father has visitation? the biological father hasnt yet started visitations but it has been ordered through court until the therapist we have requests that it isnt safe for my daughter to have visitations with him. im trying to figure out what i can do so that i can keep my daughter from harms way and so that it doesnt cause her any trauma. any help is helpful thank you!!!
The biological father would have to give his consent for your husband to adopt your daughter. Same goes for changing her last name - that would have to be done through the court system and the biological father would have to be notified of the proceeding and he would have the right to appear and object.
Criminal Defense Attorney
Your husband cannot adopt and you cannot change your child's name unless her biological father consents.
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Divorce / Separation Lawyer
Before your daughter could be adopted there would have to be a termination of the biological father's parental rights. The termination would mean he has no right to custody or visitation and no obligation to support the child. If the biological father agrees to the termination, then it is relatively straightforward to have a step-parent adoption. If he does not agree, you would have the burden of proof as to why his rights should be terminated - and it is a very high burden.
He would also have to consent to the name change.
Husband can not adopt unless the biological father's parental rights are terminated. If he has supervised visitation, then he still has parental rights. Make sure you receive child support from him, his rights goes along with parental obligations. Child support is dues until his parental rights are terminated.
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