My question involves adoption law for the State of: Texas
My husband and I have filed to terminate my daughters' bio father's rights so my husband can adopt them. The girls are 11 and 12 and want the adoption.
Their bio father was just released on parole after serving 1 year of a 4 year sentence on a felony theft conviction. He has never paid the court ordered child support or medical insurance and has not had any contact with the children since before he was incarcerated. We have filed for involuntary termination based on abandonment and non-payment of support.
He has not provided me or the attorney general with any updated contact information since his release. He is not listed in the phone book, he has not contacted me, and I've done google searches on him and all his local family members, but cannot find current contact information. When we filed, we petitioned the court to notify him by publication.
Here is my question: When/if we receive a default judgment terminating his rights, can he effectively fight back in an appeal because he was served by publication?