What kind of paternal rights does the biological father have when incarcerated for a long time?.

Stacey - posted on 10/17/2012 ( 2 moms have responded )

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.....and he is still in prison. Also what about bio paternal grandmothers rights?I have 2 children from a previous relationship and their father has been incarcerated since 2004. My son is going to be 18 and not at all interested in seeing his bio father or his paternal g-mother. My daughter is 8 and also doesnt want to see them. I just married a wonderful man who is their DAD according to both of the kids. My husband wants to legally adopt my daughter, and we would like to change both of the children's names. My son also wants to change his name so he can have the same name as his parents. (meaning myself and his new step-dad) I live in New Jersey. Does anyone know if he is able to adopt her, I heard something about getting the bio father to give up parental rights. This he would probably never do even if he never was to see them again, but maybe to get out of years owed in child support arrears. Do we need permission from the bio father to have their last names changed? Also the bio paternal grandmother is claiming to take us to court since the kids DO NOT want to see her and we do not want to force them, its not a good situation and NOT in the best interest of the children. DOES SHE have any rights? The kids can testify that she has endangered their welfare many times. any advice on the situation would be appreciated. thank you

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Anaquita - posted on 10/17/2012

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You do know you posted twice, yeah?



1. If you can get permission on giving up his rights and your current husband adopting, the names can be changed with the adoption, without further approval with your daughter. I would frame it as yeah you'll forgive him for child support in arrears if he does so, and with your daughter should she marry when all grown up the last name is often changed anyhow. You can try petitioning the court should he refuse, but if all else fails... she'll be able to decide for herself when she's 18.



2. With your son who is 18, he can sign the paperwork himself to be adopted by your husband without your ex's approval. Though perhaps you could throw in his child support owed to sweeten the idea of letting the girl be adopted. And again, he can have his name legally changed then, at no extra cost.



3. I don't know about grandparents rights in New Jersey. It varies per state. Most states have iffy laws that can be heavily interpreted. Some states are a bit more clear. However she is NOT the parent of them, but the grandparent so she has less rights. Should it get to court though, yes, have the kids testify on their own behalf on why they don't want to see her, and what has gone on around her. And considering how her son turned out.... I don't think she will be able to make all that great of a case on her behalf.

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Stacey - posted on 10/20/2012

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thank you for your helpful reply. didn't realize it posted twice. I am new to this so still learning how to get around on the site. thank you very much for your information I feel so much better!! :) and quick response . much love to you

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