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  1. #1
    Join Date
    Mar 2013
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    Default Re: How Can a Guardian Change the Name of a Minor

    Quote Quoting ktm2008
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    I just need advice on what I need to do.*
    Instead of doing an adoption at the moment, a friend suggested considering a possible name change until we can do an actual adoption.*
    Sorry, but unless you have the money that it takes to litigate this, nothing will change.

    You don't get to adopt without the consent of both parents.

    You don't get to do a name change without the consent of both parents.

    You'll just have to settle for being guardians without changing the child's last name.

    By the way, the reality is that the name doesn't define the child and I think, like most, you want the child to carry your name because of your own emotional needs, and not the child's.

  2. #2
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    Oct 2006
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    16,474

    Default Re: How Can a Guardian Change the Name of a Minor

    Quote Quoting adjusterjack
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    Sorry, but unless you have the money that it takes to litigate this, nothing will change.

    You don't get to adopt without the consent of both parents, unless the courts involuntarily terminate both parent's rights.

    You don't get to do a name change without the consent of both parents, unless the court involuntarily terminate both parent's rights.

    You'll just have to settle for being guardians without changing the child's last name, unless you have the money to hire an adoption attorney.

    By the way, the reality is that the name doesn't define the child and I think, like most, you want the child to carry your name because of your own emotional needs, and not the child's.
    I added a bit to clarify for the OP. I am also not sure that changing the child's last name is an emotion needs issue. I think that the person who advised them to do that somehow thought it would strengthen their position legally, which of course it will not.

  3. #3
    Join Date
    May 2014
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    5

    Default Re: How Can a Guardian Change the Name of a Minor

    First off as far as his biological mother she considers me his mother. Secondly visitation is in my discretion I do not have to let them as per my papers... And no it is not for an emotional need. And maybe saying that he caused my miscarriage is misstating… He broke out of prison and threatened the life of me and my children yes I consider that him causing my , what my OB/GYN called a stress induced miscarriage... I have them until the day that he turns 18 unless the court changes... Also his mother is backing everything 100% her right has not been terminated so that if something does happen she can say she wants that is my husband's cousin not the non-biological birth certificate father.

  4. #4
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    Default Re: How Can a Guardian Change the Name of a Minor

    Quote Quoting ktm2008
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    First off as far as his biological mother she considers me his mother. Secondly visitation is in my discretion I do not have to let them as per my papers... And no it is not for an emotional need. And maybe saying that he caused my miscarriage is misstating… He broke out of prison and threatened the life of me and my children yes I consider that him causing my , what my OB/GYN called a stress induced miscarriage... I have them until the day that he turns 18 unless the court changes... Also his mother is backing everything 100% her right has not been terminated so that if something does happen she can say she wants that is my husband's cousin not the non-biological birth certificate father.

    Let me be a little more blunt.

    You cannot state that the stress suffered had anything to do with either your miscarriage, or the presence of custody issues. You will be slammed down in a heartbeat.

    You're not understanding the legalities here.

    If Dad - and questioning paternity at this point is NOT going to happen - wants visitation, he WILL be able to file for a specific visitation plan. Mom can't play musical daddies and neither can you.

    Mom is going to have a NO SAY WHATSOEVER in what Dad - LEGAL DAD - wants to do.

    So to summarise? If Dad - the guy on the birth certificate - wants to see his child, he's going to see his child. You need to wrap your head around that.

  5. #5
    Join Date
    Jan 2006
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    Default Re: How Can a Guardian Change the Name of a Minor

    Quote Quoting ktm2008
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    First off as far as his biological mother she considers me his mother. Secondly visitation is in my discretion I do not have to let them as per my papers... And no it is not for an emotional need. And maybe saying that he caused my miscarriage is misstating… He broke out of prison and threatened the life of me and my children yes I consider that him causing my , what my OB/GYN called a stress induced miscarriage... I have them until the day that he turns 18 unless the court changes... Also his mother is backing everything 100% her right has not been terminated so that if something does happen she can say she wants that is my husband's cousin not the non-biological birth certificate father.
    so, did you report this threat by him you argue caused your miscarriage? If not, don't expect anybody that means anything in this to believe you.



    . Also his mother is backing everything 100% her right has not been terminated so that if something does happen she can say she wants that is my husband's cousin not the non-biological birth certificate father.
    nope. not true. The father's rights are supreme over any other's rights unless he is proven to be a danger to the child or unqualified for some reason. If he falls under such classification, then you should be able to get his rights terminated now.

    Secondly visitation is in my discretion I do not have to let them as per my papers...
    at the moment.

    if either parent goes to court and they are capable of taking care of the child, your control over visitation, let alone custody itself, is in jeopardy. While the courts do a lot of things "in the best interest of the child" and given the child has been with you a considerable amount of time, make no mistake; nothing is absolute.

  6. #6
    Join Date
    May 2014
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    5

    Default Re: How Can a Guardian Change the Name of a Minor

    Just figured I'd let y'all know. We are beginning the adoption process... Friend called in a favor, told our story, lawyer is doing the adoption for free... We still have to pay fees. Any idea of what we're looking at?

  7. #7
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    Default Re: How Can a Guardian Change the Name of a Minor

    Quote Quoting ktm2008
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    Just figured I'd let y'all know. We are beginning the adoption process... Friend called in a favor, told our story, lawyer is doing the adoption for free... We still have to pay fees. Any idea of what we're looking at?

    Friend called in a favor?

    Uh huh.

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: How Can a Guardian Change the Name of a Minor

    Quote Quoting ktm2008
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    Just figured I'd let y'all know. We are beginning the adoption process... Friend called in a favor, told our story, lawyer is doing the adoption for free... We still have to pay fees. Any idea of what we're looking at?
    of course you realize that requires terminating both parents rights, correct?


    and if they contest it you plan on an involuntary termination based on....?

  9. #9
    Join Date
    May 2014
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    5

    Default Re: How Can a Guardian Change the Name of a Minor

    My cousins husband is an attorney, not that is any of your business. The mother is giving up her rights as for the drug addict, burglar, non biological father well, that's our only fight.

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