Absent father w/ no rights...

[Lacey8584]

My ex husband has no rights, visitation or any parenting time set up by the divorce court because he absented himself from the process and then on the last hearing he was in jail. He agreed when she was born to let her have my last name(I never took his name, he left me right after I got married and pregnant.) He signed the papers he had to in the hospital and I never saw or heard from him again except he showed up to child support court once or twice never paid. There is now a warrant for his arrenst again. Hes agreed so I've heard to let my new husband whos been her father to adopt her and I can drop the child support. I'd also like to change her name. I was wondering if there was a way to do this without getting him to sign anything because he has no rights anyway, then I could avoid drama.

 

[Duranie]

It sounds like his parental rights were not legally servered. They normally do not do that unless you are remarried and your husband officially adopts. Why don't you proceed with the adoption, then you can change her name?

 

[Lacey8584]

I was unsure if I could do that without his signature. I am look to keep it relatively inexpensive too.

 

[Duranie]

There is no real inexpensvie way to do this right. If I were you, see an adoption attorney and see about terminating his rights based on abandonment if you cannot get his consent. Or, go to court just to do the name change and hope he consents or doesn't show up. He still has limited rights as a dad if the adoption is not done.