An adoption is a court proceeding- you file a written request ( probably to be called a "petition to adopt") with the court clerk. The parental rights of both the biological parents will have to terminated ( unless either or both will sign a "surrender" of those rights) and that... View More

Its probably easiest to just wait till the boy is 18, an adult can be adopted and there are fewer requirements at that time. However, for a minor to be adopted ( assuming the parent won't agree to sign voluntarily) the biological father's rights must be terminated before an adoption can... View More

Her new husband cannot adopt your daughter and have her name changed without your permission, or unless she and the new husband file a petition to terminate your parental rights. If you have been in the child's life, provided child support, and have not been found unfit as a father or acted in... View More

The law assumes a child conceived during the marriage belongs to the husband. However this presumption/assumption is not absolute and it can be overcome. DNA testing can establish who the real father actually is. I suspect the Judge will require testing be done before the divorce gets approved.

Probably not. An adoption, when done correctly, requires that the parental rights of the biological parents be terminated ( and that also terminates the duty to pay child support). If you were adopted, then most likely the rights of your father were terminated at that time, and there is no... View More

You don't say whether an order for visitation exist. You do say he doesn't try to see his son and doesn't call or try to contact. Which is it? Your fiance cannot adopt your child. If you marry him, then it would be possible.

Changing a birth certificate will require a court order. You don't explain why but apparently, someone other than the true biological father signed a voluntary acknowledgement of paternity ( v.a.p.) That v.a.p. is binding. In summary, there are now TWO men out there who can claim parental... View More

If there is no opposition, its possible the Judge will grant your request. Your question doesn't provide information about an important consideration: the age of the child. If the child is already school age and in summary, has assumed an identity, the Judge may not be willing to change the... View More

The adoption statue defines abandonment as a willful failure to support or visit a period of four months immediately prior to the filing of the adoption petition. The burden of proof is high: the standard is "clear and convincing evidence."

Your question does not provide enough information to respond.

Tennessee law does not allow a man to escape his responsibility to support his child by simply signing away "his rights" UNLESS its part of adoption ( where another man assumes that responsibility). No exceptions.

A person in Tennessee cannot agree to have their parental rights terminated absent a Stepparent Adoption and Termination of Parental Rights case being filed with the Court.

DNA testing can confirm paternity. Your boyfriend can adopt, but this requires terminating the rights of the REAL biological father ( which is clearly, not your husband). If the real biological fathers' rights are not terminated properly now, he could come back, even years later, to assert... View More

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... View More

Because you are an adult, only your consent is needed for the adoption. There is no age limit and a single person can adopt ( the "father" does not have to be married to your mother). You should consult an experienced family law attorney to assist you, many lawyers offer a free initial... View More

A basic premise of our system is that a person in entitled to know that a lawsuit has been filed against them, so the court rules require a copy of the suit to be "served" ( delivered ) to them. When a person avoids service or can't be found, the ;aw allows "substituted... View More

Usually if a party is not served you can request the clerk's office renew the summons and you can attempt service again. Or otherwise file a motion requesting alternative service methods.

The State of Tennessee can make mistakes like anybody else- and this sounds like a "screw-up" to me. I suggest you show the child support office a copy of the termination order. Hopefully that will clear things up.

Unless the biological father wants to terminate his rights as a legal guardian the chances of the court terminating his parental rights in favor of the new husband is slim to none. But there are many factors that are considered in such a case. An attorney would need much more information to render... View More

I strongly suggest you hire a lawyer to assist you in this process, its not something you should attempt on your own. To complete a "step-parent adoption," a petition will need to be filed in court asking for that, and part of the process is to terminate the parental rights of the... View More