Family adoption

[maragarcia]

Texas. My sisters children were removed in florida by DFPS and she is going to have another baby soon. She wants to put my husband on the birth certificate so that we can bring the baby to texas and she is going to give up her rights to the child. Can we do this?

 

[Proserpina]

Texas. My sisters children were removed in florida by DFPS and she is going to have another baby soon. She wants to put my husband on the birth certificate so that we can bring the baby to texas and she is going to give up her rights to the child. Can we do this?

Absolutely not.

This would be blatant paternity fraud.

Where IS the child's father?

 

[Ohiogal]

Texas. My sisters children were removed in florida by DFPS and she is going to have another baby soon. She wants to put my husband on the birth certificate so that we can bring the baby to texas and she is going to give up her rights to the child. Can we do this?

Unless your husband impregnated your sister by actually HAVING SEX with her, then no. You cannot do this. That would be illegal and what a great lesson to teach kids -- you can lie so long as you feel like it.

 

[mistoffolees]

Absolutely not.

This would be blatant paternity fraud.

Where IS the child's father?

I think it's worth point out some of the consequences of doing such a foolish thing:

- The parties could be guilty of paternity fraud - which is, I believe, a felony in TX. That means possible jail time.

- OP's husband could be guilty of tax fraud (leading to more jail time) if he claims the children on his taxes.

- If Mom wants to, she could sue OP's husband for child support - and he could spend 18 years supporting a child who is not his own.

The correct way to do it is for Mom to grant you and your husband guardianship or for you to adopt the child. However, Mom will need to notify the father or prove that there's no way to contact the father to do either of those things.

 

[LdiJ]

I think it's worth point out some of the consequences of doing such a foolish thing:

- The parties could be guilty of paternity fraud - which is, I believe, a felony in TX. That means possible jail time.

- OP's husband could be guilty of tax fraud (leading to more jail time) if he claims the children on his taxes.

- If Mom wants to, she could sue OP's husband for child support - and he could spend 18 years supporting a child who is not his own.

The correct way to do it is for Mom to grant you and your husband guardianship or for you to adopt the child. However, Mom will need to notify the father or prove that there's no way to contact the father to do either of those things.

I agree with everything but the bolded. If the child were living with the OP and her husband, and was a niece or nephew (as is the case here), there would be no tax fraud involved. A niece or nephew that lives with you and is supported by you is no different than a son or daughter, taxwise.

One thing that could be done here is that the sister could make advance arrangements to give custody to the OP and her husband...or even for OP and her husband to adopt the child...without committing any paternity fraud.

 

[janM]

One thing that could be done here is that the sister could make advance arrangements to give custody to the OP and her husband...or even for OP and her husband to adopt the child...without committing any paternity fraud.

She still has to include (putative) dad in the process.

 

[mistoffolees]

I agree with everything but the bolded. If the child were living with the OP and her husband, and was a niece or nephew (as is the case here), there would be no tax fraud involved. A niece or nephew that lives with you and is supported by you is no different than a son or daughter, taxwise.

Which is why I said COULD be, not WOULD be. Since it's hypothetical, I'm only laying out possibilities. And some of the possibilities WOULD open them up to tax fraud.

One thing that could be done here is that the sister could make advance arrangements to give custody to the OP and her husband...or even for OP and her husband to adopt the child...without committing any paternity fraud.

Which has already been suggested - except that they would need to at least notify Dad - and probably get his permission.

 

[LdiJ]

Which is why I said COULD be, not WOULD be. Since it's hypothetical, I'm only laying out possibilities. And some of the possibilities WOULD open them up to tax fraud.

Could you give me an example...because I am not seeing anything that could open them up to tax fraud...not with a child living with them, supported by them, and that is a niece or nephew, even if they are dumb enough not to follow our advice about the AOP and BC. Its paternity fraud all the way, but I don't see ANY possibility of tax fraud unless you can come up with an example that I am not seeing now.

Which has already been suggested - except that they would need to at least notify Dad - and probably get his permission.

Yes, I did neglect to state that the putative father would have to be involved for an adoption...at a minimum by publication if he is unknown or whereabouts unknown. Custody could be a different story as custody is fluid.

 

[mistoffolees]

Could you give me an example...because I am not seeing anything that could open them up to tax fraud...not with a child living with them, supported by them, and that is a niece or nephew, even if they are dumb enough not to follow our advice about the AOP and BC. Its paternity fraud all the way, but I don't see ANY possibility of tax fraud unless you can come up with an example that I am not seeing now.

That's because, as usual, you're making assumptions. You're assuming that the child would be living with and supported by OP's husband. Yes, that's one of the things they're considering, but it's not clear that that is what they would actually do.

If hubby put his name on the birth certificate and then claimed the child on his taxes but the child DIDN'T live with him, that would be fraud. Clear and simple.

Do I know that this will happen? No. That's why I said COULD instead of WOULD.

Do you know that it will NOT happen? Nope.

Yes, I did neglect to state that the putative father would have to be involved for an adoption...at a minimum by publication if he is unknown or whereabouts unknown. Custody could be a different story as custody is fluid.

Mom could probably not give custody to OP and hubby without at least a token effort to find Dad.

 

[LdiJ]

That's because, as usual, you're making assumptions. You're assuming that the child would be living with and supported by OP's husband. Yes, that's one of the things they're considering, but it's not clear that that is what they would actually do.

If hubby put his name on the birth certificate and then claimed the child on his taxes but the child DIDN'T live with him, that would be fraud. Clear and simple.

Do I know that this will happen? No. That's why I said COULD instead of WOULD.

Do you know that it will NOT happen? Nope.

However this entire thread is about the child living with the OP and her husband. Therefore scenarios in which the child is not living with the OP and her husband are not really relevant.

Mom could probably not give custody to OP and hubby without at least a token effort to find Dad.

Maybe...We have certainly seen custody get transferred to a maternal relative enough times here, without the father being indentified or informed, to know that it happens.

 

[cyjeff]

Texas. My sisters children were removed in florida by DFPS and she is going to have another baby soon. She wants to put my husband on the birth certificate so that we can bring the baby to texas and she is going to give up her rights to the child. Can we do this?

To circle back around....

This is blatant fraud and could have some very bad and very criminal consequences.

Included in these consequences certainly could be a child protective services investigation into YOUR home.

You know... just to see home many OTHER children living there have been bought or stolen from their parents.

 

[LdiJ]

To circle back around....

This is blatant fraud and could have some very bad and very criminal consequences.

Included in these consequences certainly could be a child protective services investigation into YOUR home.

You know... just to see home many OTHER children living there have been bought or stolen from their parents.

Seriously, there are LEGAL ways for you and your husband to obtain custody of the infant or to adopt the infant. Do it the legal way.