My son has only known one father, my husband. My boy is now 12 years old and he starting to ask why we have different last names. My husband wants to adopt him but we don't know were to start or if can start. Can anything be done in this case?
Yes, something can be done. Step-parent adoptions are possible, but there must be consent from the natural father or a diligent search for the natural father which complies with Florida law (Affidavit of Diligent Search, followed by court approval for statutory notification in the newspapers). Retain a lawyer with some experience in this area of law and stay patient. The process will take some time and require court approval, but the end result will be worth it. Just attempting the process will go a long way to showing your son how much his step-father loves and cares about him
It is not clear from your question, but I believe that you are stating that your Husband is here illegally. This is most likely an immigration question. I will tag it for you in that area.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
For what you say, it seems like you and your husband can file for "step-parent adoption". You will need the consent of the biological father. It is usually a simple and uncontested process, provided that all parties are in agreement. The fact that your current husband has immigration issues, is not probably an issue for family court, but he should consult with an immigration attorney.
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