Knoxville, TN asked in Family Law and Adoption for Arizona

Q: No father present in any aspect of child's life. How to get adopted by stepfather?

My three year old son has never had his father in his life. He is not listed on the birth certificate & he has my last name. Father has never paid a dime in child support or provided any emotional or physical support. I will getting married soon and we are expecting another child. Can my husband adopt my son without contest or how would I go about allowing my son to finally have the father he deserves? Thank you!

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1 Lawyer Answer

A: Two things could complicate your attempts to have your fiance from adopting your eldest: if you were married to the sperm donor at conception, at birth, or anytime between; or paternity has been previously established. You are still going to have to explain to a judge why the male who was present at conception does not deserve to be the child's legal father. You should still serve notice on him when you file the adoption paperwork. You would be well-advised to hire an attorney to assist you with the paperwork and the argument in court.

Good luck!

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