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Mark Richard Iverson
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Mark Iverson’s Answers

31 total

  • Can my husband be charged for rape after we put him on our son's birth certificate do to an illegal relationship we had under 18

    My husband is 36 and I am now 19, we had an illegal relationship when I got pregnant I never put him on my sons birth certificate. Now we're married, wondering if he could be charged if I tried to add him on the birth certificate if health and wel...

    Mark’s Answer

    I believe adding your husband's name to the birth certificate. The relationship you describe is by definition statutory rape. And your husband could in fact be charged for the crime of rape within a certain period of time. You were not able to consent to a sexual relationship as a minor. I think it would be problematic to have your husband adopt. The court may have reservations approving an adoption of a person who committed a possible crime. It is not possible to just add someone to a birth certificate. You will need a court order to do so either through a paternity action or an adoption. There may be other concerns: if you placed a different person on the birth certificate knowing that it was your husband, that could be considered a fraudulent act. I understand you are finding yourself in a very difficult position. You may want to consider counseling to try and sort out some of these personal issues.

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  • Can I revoke the father's rights with no battle from him and will he still have to pay the $3000+ of backed support afterwards?

    My son will be 8 years old in a few months and his biological father has only seen him a handful of times, most of them on his birthday except a few that he missed, other times have been to take him to the yearly fair to show him off but that's it...

    Mark’s Answer

    There are two ways to terminate the rights of a birth father. He may voluntarily relinquish his rights by signing a consent to adoption. If he refuses to sign a consent you may serve him with a petition to terminate his rights. If he fails to respond he would be found in default and his rights would be terminated. If he responds it would be necessary to go to trial. Your fiancée may adopt prior to marriage as a single person. A private home study provider would investigate and have to recommend that he be allowed to adopt. If you wait until you are married a less extensive and less expensive post placement report is obtained rather than a full home study.

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  • Can I reverse an adoption?

    I adopted my stepson 3 years ago. His biological father relinquished his rights. Now me and my wife are recently divorced. My son is 15 and he's been reconnecting with his real dad over the phone. My son and his bio father want that relationship b...

    Mark’s Answer

    Yes. It is possible but only if the mother of the child is in agreement. If she is supportive, you could relinquish your rights and the biological father could adopt as a single parent or second parent. The biological father would have to have a home study provider recommend the adoption. There would be criminal background checks. So the key before going forward with any process would be to make sure that the mother of the child was fully on board.

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  • My wife and I had had our attorney provide a third party court documents from our closed adoption. We are adopting a child.

    Closed adoption

    Mark’s Answer

    I am not sure what your question is. Adoption and third party or non parental custody are two separate actions. In a third party action parental rights are not terminated. In an adoption they are. There are a number a of other differences. In an adoption you need a home study. The birth parents may consent to their rights being terminated. If they refuse it is a contested matter and you would have the burden of sowing that they are unfit to parent before proceeding with an adoptiin

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  • How do I have a step-parent adoption done when I was a child reversed now that I am an adult?

    I was legally adopted as a child by my mother's husband. Marriage lasted less than 5 years and I have absolutely no relationship with this man (he was a pedophile). I want my adoption reversed and my true biological father to be listed on my bir...

    Mark’s Answer

    I would suggest you consider an adult adoption. Your biological father would adopt you and a new birth certificate would be issued with whatever name you choose. No notice would be given to your adoptive father. The initial adoption however would not be reversed

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  • I'm 17 turning 18. I was adopted by my stepfather. Can I change my name when I turn 18?

    My stepfather adopted me when I was 8. I will be 18 in 2 months. I don't want his name and I want him out of my life. He constantly calls me really bad names. He physically abused me. I reconnected with my real father. Can he adopt me when I...

    Mark’s Answer

    Yes your birth father may adopt you when you turn 18. It is considered an adult adoption. You can change your name and it is not necessary To give your step father notice. This answer assumes your step father adopted you. His rights will not be terminated

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  • How can my fiancé adopt my daughter?

    Can My fiancé adopt my daughter even though her biological dad is not on the birth certificate? But there is a parenting plan involved. My daughter is 3 years old and already have a 1 year old with my fiancé and me and my fiancé have 3 1/2 years t...

    Mark’s Answer

    The biological father would have to consent to the adoption. If he refuses to do so, you would have to file a petition to terminate his parental rights. If the biological father is exercising visits under the parenting plan it is unlikely that a court would deem him unfit to parent and terminate his rights. Your fiancée would need an approved home study.

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  • Terminating parental rights, both parents agree, family member wants to adopt... how do we do this? How much $$?

    Hello, the father is incarcerated (but agrees) and I will be going away to college and unable to bring my boys with me. I have 3 children, my mom wants to adopt them and they will live with her even when I graduate. How do I get started? Any sugge...

    Mark’s Answer

    You may proceed with a second parent adoption. Your mother will need to obtain a home study and the father will need to sign a consent. I would suggest that you call attorneys for pricing g.

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  • My boyfriend and I have had custody of his 2 daughters for almost 2 years, can I adopt them? What steps need to be taken?

    My kids Biological mom is a drug addict. We got custody of them almost 2 years ago. I am Mom to them. They are my kids. When we first took them from her we had to get them safe so they did a legal separation (they are still currently married) and ...

    Mark’s Answer

    There are two ways to terminate parental rights. She may voluntarily relinquish her rights by signing a consent. She must sign a form that has all the necessary language. She cannot simply sign a statement
    If she decides not to consent you will have to personally serve her with a petition to terminate her rights and schedule a court hearing. If she fails to respond in any manner and fails to appear at the court hearing she would be in default and her rights terminated
    I would suggest you contact an attorney to discuss the best way to approach the birth mother to obtain a consent and discuss the process if she refuses to do so

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  • Can my daughter sign over her rights to me of an unborn child?

    My daughter is pregnant and wants me to adopt the child. How do we get the proper procedure done before the baby is born?

    Mark’s Answer

    To adopt you will need to obtain a home study from a licensed agency or a private provider that has been approved by the court. Your daughter may sign a consent to adoption prior to the baby' birth. The consent is confirmed 48 hours after birth and an order terminating her rights is entered pending a final adoption hearing. You will need a post placement report prior to the final adoption hearing.

    You wi also need to give notice to the birth father and either have him sign a consent or serve him with a petition to terminate. If the birth father is unknown or you are unable to locate him you may ask the courts permission to give the birth father notic by notice in a newspaper. I would suggest you contact an attorney at your earliest convenience

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