I was divorced in 2005 and found out I was pregnant by my ex husband shortly after. He knew I was pregnant as he saw me several times after the divorce. He was abusive to me, but i never reported anything, I just left him. in order to sever all ties, I did not admit he was the father and he never pushed to find out. He is now married with children in another state and we have had no contact in 9 years. There is no father listed on the birth certificate. I remarried in 2010 to the man my daughter has always known as daddy. We now have another child together. My husband would like to become my daughter's legal father, giving her his last name instead of my maiden name, but I fear involving my ex husband will cause more problems than soluions. Is there any way to do this legally?
Answer
Your husband needs to do a stepparent adoption. Your ex would need to sign a Surrender which he probably would because he doesn't have a relationship with the child and probably knows you can go after him for child support. You certainly need an attorney for the adoption.
Answer
This is done by step parent adoption. Your ex will be involved. He must either consent or have his rights terminated. A lawyer will be needed to handle this. The adoption will make your husband the legal father, and change the child's name and birth certificate.
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