I posted this in the adoption section, but I'm not sure where exactly it belongs. After reading some threads here, this might be a good forum for my questions.
I have a 23 month old daughter whose biological father (who was married when I conceived and is still married, but had lied about his marriage situation) would not sign the paternity papers when she was born and therefore is not on her birth certificate. My daughter has my maiden name (I got married in 4/07 to a man who was with me when my daughter was born and has been her father since her birth). The bio dad came to visit (he lives in TX and we are in MA now, child was born in TX) in 8/06 and asked for the paternity paperwork. I completed my end of it and had it notarized, but he never completed it or sent it in.
That was the last time he saw my daughter. He calls maybe twice a month (if that), but always when he knows he will not reach me. He used to give me ~$100 every 2-3 months for the first year or so, but that ended about a year ago (he makes very good money so it's not that he can't afford it). I've never pressured him for support or to claim paternity because frankly I don't want him to have rights to my daughter.
I got married in April 07 to the man who was with me through most of my pregnancy and has been in my daughter's life since birth (she knows him as daddy). I would like him to be able to adopt her or at least have her be able to have his last name since I have changed my name and I don't want her to have a different last name growing up, especially if we have our own child together.
When I told her bio dad that I was getting married, he said that he wouldn't allow her to have my husband's name and that he is her father, yet he never acknowledged paternity, does not pay support, doesn't call/talk to her, hasn't visited her in 1.5 years, is still married, and his family knows nothing of his daughter.
What are my options here if he is not on the birth certificate, hasn't acknowledged paternity (but has paperwork to do so signed by me in 8/06), is still married and was married at conception, etc. Are there any time frames for submitting signed (by me but not him) paternity papers (if notarized in 8/06)?
Thank you in advance for any advice. I appreciate it.