Name change/adoption

[Canadiandggal 49]

Ok I asked this question or some of it last month but never actually got a reply.

My husband is a US citizen, My son and I are Canadian citizens and just got here on a cr-1/cr-2 visa. We will have to remove conditions in August 2012. My husband would like to adopt my son but we are trying to figure out the best way to do all of this and the best time.

I have gone down to the court house to see what both a legal name change and a step child adoption consists of.

I am somewhat concerned as to what this will do to my sons green card as His legal name would change. Would I have to call UCSIS and tell them of the change, then make a appointment to see someone? would this affect his removal of conditions in 2012?

IF so would one think it would be best to wait a few years till I am a US citizen? Then my son would be one as well and it would not affect immigration.

Sorry but any advice/suggestions/ideas/experiences are welcomed

Thanks in advance

[Canadiandggal 49]

Ok I asked this question or some of it last month but never actually got a reply.

My husband is a US citizen, My son and I are Canadian citizens and just got here on a cr-1/cr-2 visa. We will have to remove conditions in August 2012. My husband would like to adopt my son but we are trying to figure out the best way to do all of this and the best time.

I have gone down to the court house to see what both a legal name change and a step child adoption consists of.

I am somewhat concerned as to what this will do to my sons green card as His legal name would change. Would I have to call UCSIS and tell them of the change, then make a appointment to see someone? would this affect his removal of conditions in 2012?

IF so would one think it would be best to wait a few years till I am a US citizen? Then my son would be one as well and it would not affect immigration.

Sorry but any advice/suggestions/ideas/experiences are welcomed

Thanks in advance

Just was reading through the uscis site as well.. Would an adoption Make him eligible for a n-600 form certificate of citizenship. http://www.uscis.gov/files/form/n-600instr.pdf

[Ontarkie 14,222]

My husband wanted to adopt my kids also, so we looked into it a little. If he adopted them they would get citizenship through him as long as they are under 18 I think it was.

The only problem was its next to impossible for us to do the adoption, if we only had to deal with Arkansas laws it would be so easy, but we need to deal with Canada/Ontario's laws. And its not easy to remove parental rights back home.

I have no clue on the name change process.

[Canadiandggal 49]

My husband wanted to adopt my kids also, so we looked into it a little. If he adopted them they would get citizenship through him as long as they are under 18 I think it was.

The only problem was its next to impossible for us to do the adoption, if we only had to deal with Arkansas laws it would be so easy, but we need to deal with Canada/Ontario's laws. And its not easy to remove parental rights back home.

I have no clue on the name change process.

why do you need to deal with ontarios laws? I was told all we needed to do was send a notification to the other parent if the parent does not respond or fails to meet the deadline then they will proceed without him.I was also told by Ontario That when the process is done then to call the "Registrar General" for the proper documents to update his name etc.

Hmm you know more then me lol

[Udella&Wiz 325]

why do you need to deal with ontarios laws? I was told all we needed to do was send a notification to the other parent if the parent does not respond or fails to meet the deadline then they will proceed without him.I was also told by Ontario That when the process is done then to call the "Registrar General" for the proper documents to update his name etc.

Hmm you know more then me lol

Seems over simplified to say if you don;t respond by x day, you have no parental rights and I can adopt your kid, no? I assume you need to deal with whichever province's laws you live in and where the child was born etc etc... removing parental rights from someone (no matter how bad a parent or negligent or absent) is a pretty large deal I would think and no court would look on that lightly or quickly.

Take immigration out of the equation for a moment - if you stayed where you are - what would you have to do in order to have your husband adopt him?

I had a friend who wanted her husband to adopt her son (whose father they hadn't seen since birth) - it was a pretty big deal and Social services gets involved to protect the rights of her son (this is normal procedure)- just in case he was being coerced into agreeing to be adopted. Took the better part of a year or more to make it all happen.

I'd contact a Lawyer

[Ontarkie 14,222]

Ya I really wish it was just needing to go through our State rather then Ontario also. I think its due to the Hague convention to prevent international child abductions and such. I can't really remember since its been awhile since we looked into it.

In Arkansas no contact/child support for at least 6mos gives you enough grounds to remove the other parents rights away.(I'm sure there is more to it then that though) But it doesn't work that way in Canada. Its next to impossible to have the courts remove the other parents rights. At least this is what we were told by a family law attorney from Ontario. We figured it was better to stay the way we are, rather then stir the pot and start a mess with a long and expensive process. Right now we have no contact with the kids father and this was even before we moved, I am sure we could win but at what cost since my kids are between 13 and 19 we felt its better to leave sleeping dogs lie. Life is alot more peaceful for us this way.

If you find out anything, let me know cause it would be nice for my husband to adopt my kids.

[Canadiandggal 49]

Ya I really wish it was just needing to go through our State rather then Ontario also. I think its due to the Hague convention to prevent international child abductions and such. I can't really remember since its been awhile since we looked into it.

In Arkansas no contact/child support for at least 6mos gives you enough grounds to remove the other parents rights away.(I'm sure there is more to it then that though) But it doesn't work that way in Canada. Its next to impossible to have the courts remove the other parents rights. At least this is what we were told by a family law attorney from Ontario. We figured it was better to stay the way we are, rather then stir the pot and start a mess with a long and expensive process. Right now we have no contact with the kids father and this was even before we moved, I am sure we could win but at what cost since my kids are between 13 and 19 we felt its better to leave sleeping dogs lie. Life is alot more peaceful for us this way.

If you find out anything, let me know cause it would be nice for my husband to adopt my kids.

yeah hmm I have sole custody as well (I had his need to have him sign a passport done with, therefor I never need his signature for my son again. It was written into my court documents.He is also not allowed to take my son out of the City of Toronto yet he lives in another city. and some other random stuff. As well I took him back to court in Nov 2009 and got a court order to be able to move my son where ever I wanted. In both court cases he did not show up and was put in default. he owes 4 thousand in back pay and has not seen him in two years. I will talk to a lawyer after the holidays and let you know.

Thanks guys

[Udella&Wiz 325]

yeah hmm I have sole custody as well (I had his need to have him sign a passport done with, therefor I never need his signature for my son again. It was written into my court documents.He is also not allowed to take my son out of the City of Toronto yet he lives in another city. and some other random stuff. As well I took him back to court in Nov 2009 and got a court order to be able to move my son where ever I wanted. In both court cases he did not show up and was put in default. he owes 4 thousand in back pay and has not seen him in two years. I will talk to a lawyer after the holidays and let you know.

Thanks guys

I hear ya - I haven't seen my daughter's father since she was 3 (she is 18 now) and when we moved here 3 years ago I still had to jump through hoops to ensure I had her custody papers in order - like you I had sole and had it written into the paperwrok that I could move her without his permission (not that I could have found him anyway)...I still had to ensure all the ducks were in a row.

Even th fact that your ex is a numb nuts isn't enough for them to terminate some parental rights - although he obviously doesn't care. Good luck

I blessed the day my daughter turned 18 and I no longer have to tour around with her custody papers every time we travel - such a free-ing experience!

Good luck and write a review - be good info for someone else.

Edited December 20, 2010 by Udella&Wiz

[Hugglebuggles 60]

I was adopted by my father at age 12 (in Ontario), but I can't be much help with the legalities since the process was much different than yours- My biological father passed away when I was 7.

I just wanted to chime in and say I'm so thankful for my dad and his decision to adopt me and my sister. That's a special gift of love your husband wants to give to your son, and all of the work that may go into it will be well worth it. My sister and I always joke with my dad and say we're his favorite, since he picked us. He got stuck with his other kids!

[Udella&Wiz 325]

I was adopted by my father at age 12 (in Ontario), but I can't be much help with the legalities since the process was much different than yours- My biological father passed away when I was 7.

I just wanted to chime in and say I'm so thankful for my dad and his decision to adopt me and my sister. That's a special gift of love your husband wants to give to your son, and all of the work that may go into it will be well worth it. My sister and I always joke with my dad and say we're his favorite, since he picked us. He got stuck with his other kids!

Aww - that's very sweet Huggles - thanks for reminding us to look at the happy side instead of focussing on the nitty gritty details.

[Canadiandggal 49]

I was adopted by my father at age 12 (in Ontario), but I can't be much help with the legalities since the process was much different than yours- My biological father passed away when I was 7.

I just wanted to chime in and say I'm so thankful for my dad and his decision to adopt me and my sister. That's a special gift of love your husband wants to give to your son, and all of the work that may go into it will be well worth it. My sister and I always joke with my dad and say we're his favorite, since he picked us. He got stuck with his other kids!

awe.. That is very special. I giggled for a few. We will see what happens We have already gone through so much, two court cases, 7 court appearances during that, and Immigration..whats one more court case?

Thanks for the luck

I was adopted by my father at age 12 (in Ontario), but I can't be much help with the legalities since the process was much different than yours- My biological father passed away when I was 7.

I just wanted to chime in and say I'm so thankful for my dad and his decision to adopt me and my sister. That's a special gift of love your husband wants to give to your son, and all of the work that may go into it will be well worth it. My sister and I always joke with my dad and say we're his favorite, since he picked us. He got stuck with his other kids!

twas a double post lol

Edited December 21, 2010 by Canadiandggal