Legal Question in Family Law in Tennessee
Adopting a stepchild or changing his last name
I'm the biological mother of a 16 1/2 year old son. His biological father has had no contact with him in over 9 years and when he last visited with him to beat him. DHS and the cops were involved, it wasn't pleasant. The biological father continues paying child support through the court. However, my son has asked to be adopted by his stepfather. My son is extremely hurt by his biological father's actions over the years and wants to sever any remaining ties with him. His biological dad has call blocked our number and my son has been unable to even contact him by phone since the beating. With his age being over 16, is there a cut off when my current husband will no longer be allowed by the courts to adopt him (such as 18???) Or at this point do we attempt to have the courts allow us to change his name over to my married name, since his advanced age as a minor child. Please tell us what legal steps we would need to take, if we have any options at all. My son wants to move on with his life and he wants this behind him.
1 Answer from Attorneys
Re: Adopting a stepchild or changing his last name
Your son can be adopted by your husband at age 16 or age 18. It will be more work to adopt him at age 16, because the court will have to approve a petition to terminate the biological parent's rights. Once your husband is granted a petition to adopt, your ex-husband's child support obligation will end.
I assisted a 24 year old be adopted by the only parents she has ever known (not her biological parents), and she chose to add their last name to the end of her legal name.
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