Q: I have a 3 year old son. His father & I have been divorced for 14 months, and he has been nonexistent in his son's life.
My ex-husband has not seen his child since October 8, 2017 and has not attempted to make contact since December 28, 2017. He does not make his court ordered child support payments, when the state found him and started garnishing his wages, he quit his job and we can't find him again. I was awarded Sole custody March, 2018. His family won't assist in us helping to find him. I'm wondering if my father (my son's grandfather), can adopt him. If so, what steps would we need to take, and is this something I can do without legal counsel? I don't want my son having his father's last name (for many many reasons). I was hoping to have his name changed before he starts school August, 2019.
A: No that plan won't work. Your Dad and his wife can adopt, but then you are out of the picture. You can wait until you do consider remarriage. You can seek sole custody now. You will need an attorney for all of the above.
A: For your father to adopt the child, you'd have to surrender your rights to him as well.
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