Legal Question in Family Law in Pennsylvania
Adopting
My wife has a daughter by another man. I have raised her for 10 years she is now 11 years old. Wife has a restraining order against him as he made our lives miserable. He hasn't seen his daughter for 10 years and owes $13,000 in court ordered child support with no visitation rights. He keeps running. Her daughter now knows I am not the real father but said she doesn't want to know about him or ever see him and said I will always be her father. She also wants my last name really bad. I've given her a home and a decent life.
He on the other hand has a bad drug problem and now so does his other kids. What are my chances to adopt her and how to go about it? I have a son with my wife and she feels so left out being she now is the only one without my last name.
1 Answer from Attorneys
Re: Adopting
You asked about adopting your daughter.
You actually have a relatively easy case but still must retain an attorney to process the matter. The adoption should be relatively snag-free but will take time. You will need to establish that this is in the best interest of the child.
You will also need to demonstrate that the father was unable to consent to the change due to his inability to reach. You may also be able demonstrate lack of concern to the outstanding support. Before a court would allow him to protest it would probably require that he become current on support.
As for changing the child's name there is no reason that that can't be done immediately. You can do it informally the minute you read this message. For a child there is no impediment to changing a name informally. The mother can start using the name for the child, but must do so exclusively (in other words, tell the schools, the child's doctor, church, etc.) and use that name only. Changing a name is an administrative matter where courts performs a check to ensure that there is no fraud involved. File a form, stand up in court and answer a few questions from the judge and it's done.
Stop by the prothonotary office at the local court of common pleas and pick up the version of the name change form that court uses. Fill out and sign the form in front of a notary public and file with the court. You will be given a court date for review by the judge. The law is here: 54 Pa. C.S.A. ยง 701.
And, sir, even the child recognizes you are more that child's father than many men who raise their natural children.
Best regards,
Roger