Question about legal guardianship and adoption.?
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Question about legal guardianship and adoption.?
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Ok say a woman was always kind of unstable, then she had a kid...and after trying to kill the child by an attempted drowning, an attempted smothering then hitting the child with a frying pan gave the child to her sister in law who is now the legal guardian...the husband agreed to his sister having legal guardianship of the child because his job takes him away from home alot and he wanted the child to have a stable home... now his wife is pregnant again and he does not want to take the chance that she will succeed in killing the baby this time...he has asked his wife's sister to take custody of the child and become the child's legal guardian. he told her if she agreed his lawyer would have it set up so that the child has its aunts last name so that the child does not wonder later in life why its last name is different than his aunts children (she has 4 kids). the father of this child does ot want the child to feel like it is not part of the family it lives with because of its last name and wants his sister in law to raise his child as if it was her own... he also wants the child to have his sister in laws last name to protect the child from its mother who will be in a mental health facility after the child is born...
now the sister in law offered adoption and the father said if that is what it took he would do that but wants to financially support his child as far as child support goes... the sister in law and her husband are hoping the father will seriously consider letting them adopt the child and let the biological father set up a college fund for the child's future instead because they themselves can afford to support the child on there own... but are trying to respect the child's fathers wishes with the child support factor....
I guess my question is is it possible to give a child his legal guardians last name without adoption?
Additional Details
random i am asking about adoption/guardianship... onot why he got her pregnant... has it occured to you that she was supposed to be on BC? they are married he should have been able to trust her to be on the pill when she said she was...
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Jennifer D
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Adoption vs Guardianship: Since the mother is obviously unstable, it would be best for the aunt (aka sister in law) and her husband to adopt the children. Changing their names is really up to them. Think of it this way: if the aunt does not adopt the kids, and their father is killed (God forbid), the mother or someone in her family could sue for custody. If the mother gives up her parental rights, or they are terminated, and the adoption is finalized, the children are legally in the care of the aunt permanently.
Financial support: If the father's parental rights are terminated and the adoption goes forward, the father will not be legally entitled to provide support - he is no longer the legal father. However, you can have a legal contract drafted with the father to provide $x per month in return for photos, etc. just to make it legal.
What to tell the kids: DO NOT tell them they are the biological kids of the aunt and her husband and "break it to them" later that "Uncle Bob" is their father. Tell them from the beginning - even when they are too young to understand. Tell them, "We are so lucky to be able to be your Mommy and Daddy. Your first Mommy and Daddy love you, but they weren't able to take care of you. But we are so glad your Daddy Bob is here for you." That way, it will seem natural as they grow up, and it will never come as a shock to them.
Also, please bear in mind that some mental illnesses are treatable or even curable. The mom may recover at some point. And if that happens, it is in the best interest of the children to have her in their lives. Even if she does not regain custody (such as in the case of an adoption), it would absolutely be best for the kids in their Mom and Dad were there to tell them personally that they love them and support the aunt and uncle.
Hope that helps. |
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Rosie
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Yes, the name can change.
What about the first child. What happened with their name? Does he provide child support for first child?
Seems like you would have that situation to go by and imitate.
Will the siblings be in the same home? Does dad have a relationship with child number 1?
For the children's wellbeing, dad needs to retain parental rights to both children and maintain relationships with them. |
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sk8ermom
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The answer is yes. You can name your child anything you want on the birth certificate. You can name them "Mister Late for Dinner" if you want. As long as the mother wants it and signs it then it is all good. |
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tish_part deux
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"I guess my question is: [sic] is it possible to give a child his legal guardian]'s] last name without adoption?"
depends. but i'm leaning on probably not. guardianship is tricky, so you'd best do well to advise the people in question to check with CYS.
tips for writing questions: avoid extraneous verbiage. it confuses your reader. the details you provided added no context to this very convoluted question. if you do not want hateful remarks made about the father's role, then perhaps you should have omitted all this detail. if the question was regarding assigning the baby's name, then why do we really need to know this woman's abuse, mental health et al history? |
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Random Chick
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why does he keep getting this psycho pregnant? wtf?
edit: well, he must be pretty psycho himself if he didn't divorce the psycho that tried to kill his baby. im just totally amazed at how stupid people are.. |
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