Q: I am looking to start the process of having my daughter's biological father give up his rights and her take my last name
I am looking to start the process of having my daughter's biological father give up his rights and her take my last name, my maiden name. We live in TN. She will be 4 in March and he has not helped out in any way since February of 2014 (she was 11 months old- he didn't see her then just dropped off $60 in the mailbox.) He has not seen her since a month or 2 before that. I am needing to know what is the best way to go about it. I am engaged and my fiance is the only dad my daughter knows and he wants to adopt her and her have his last name once we are married.
A:
You'll need a lawyer to help get this done- its too important and technical to try to do it yourself without a lawyer.
I suggest you get married first. The biological father rights must be terminated but this can be done as part of the adoption process. He can voluntarily surrender his rights, or you can serve him with papers to have his rights terminated on the basis of abandonment. ( His obligation to pay support will end with the adoption, so if he knows that he won't owe further child support, he might agree to surrender his rights). Again, this is not something you should try on your own. Many lawyers offer a free initial consultation, so seek out and talk to a lawyer first before you do anything.
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