The father of my son left the country when he was 2 months old and never contacted us again. I got married afterwards, but he abused me so i ran away from him and got hell and got him detained. Before he started to beat me wet went to courthouse to put his name on my sons birth certificate. I preceded with the self help paperwork for a divorce and it was granted to me without a lawyer. I'm remarried now to a person I've known for over 15 years. We are soulmates. He wants to put his name on my sons birth certificate so i can change my sons name to ours and he can adopt him. The guy that's on the birth certificate for deported after abusing me. I've contacted the vital records here in Nebraska and they couldn't give me a solid answer of where to start.
Based on the information you provided, it seems that you would either need to obtain the biological father's consent to an adoption or file to terminate the biological father's rights. You and your new spouse would need to file a petition for adoption (The process could include attempts to locate the biological father to give him notice and possibly obtain his consent.) After the adoption process is complete, then you would change the birth certificate. This is something that you should most definitely consult with a lawyer about -- a lawyer who frequently practices in adoptions.
You do not need to alter the birth certificate to change a name or to start the adoption. In fact, that usually comes afterwards.
You can go to court and see if they have a packet for step-parent adoptions. You may need an attoreny to assist you.
It sounds like the biological father is out of your child's life and that you want your husband to adopt your child. If this is the case, then you likely want to proceed with a stepparent adoption action. You can file this without an attorney but it is not a simple procedure and would likely be very difficult for you to successfully complete without an attorney.
Although I am an attorney practicing law in Nebraska, the answer I provide is for general purposes only and does not establish an attorney-client relationship. If you need legal advice, you should contact an attorney who will discuss with you the specific facts of your case.
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