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  1. #1
    Join Date
    Jun 2006
    Location
    lubbock, tx
    Posts
    2

    Unhappy Husband Wants to Adopt my Child, Biological Father Never Confirmed or Present

    Hi, I live in Texas and got married to my husband 4 years ago. I was raising my son on my own and my sin's biologicak father has never financially or emotionally supported my son. He never signed the birth certificate and never even acknowledged his existence. I was wondering if there is anything in Texas fasmily law that would make it easier for my husband to adopt my son. I have no idea where the biological father is or how to get in contact with him regarding signeing away rights he has never used or wanted. I know that he had a daughter with someone else that once he and her mother divorced he signed over rights to her parents without a second thought. I am not afraid he won't sign, I just don't know how easy it will be to find him. Also, how much would it cost for my husband to adopt my son?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,775

    Default Re: Husband wants to adopt my son, biological father never confirmed or present

    If you need to know what lawyers in your area charge for legal services, you have to call a few offices and ask.

    Step-parent adoption should not be particularly difficult given the period and nature of the abandonment. You will have to serve the biological father with notice of the proceedings, or perform "alternate service" to the satisfaction of the court if he cannot be found (e.g., public postings, service on his last known address, publication in a newspaper, etc.)

  3. #3
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Husband wants to adopt my son, biological father never confirmed or present

    My response:

    I ALWAYS have to question WHY a step-parent would want to adopt in the first place. There is absolutely no "legal" reason to do so. All it does, in my considered opinion, is place another man "on the hook" for child support in the event of a dissolution of the current marriage. Now, why would any man want to do that?

    IAAL

  4. #4
    Join Date
    Jun 2006
    Location
    lubbock, tx
    Posts
    2

    Default Re: Husband wants to adopt my son, biological father never confirmed or present

    Well, in this instance, I know that my parents would fight my husband for custody if anything were to happen to me. I want my husband to raise him if anything were to happen to me. If he doesn't adopt my son, can my parents fight my wishes even if we sign something stating my wishes?

  5. #5
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Husband wants to adopt my son, biological father never confirmed or present

    Quote Quoting suzie-Q-2727
    Well, in this instance, I know that my parents would fight my husband for custody if anything were to happen to me. I want my husband to raise him if anything were to happen to me. If he doesn't adopt my son, can my parents fight my wishes even if we sign something stating my wishes?

    My response:

    Well, that's one reason for adoption. When an adoption occurs, the adoptive parent is treated just like a natural parent, and in the event of your demise, the child would instantly, and without question, go to your husband.

    Without adoption, you can name your husband as the person whom you want to be the Guardian of your minor child; however, that's NOT a guarantee. A written agreement, or a Will, does not undermine or obviate the jurisdiction of the court - - which is the entity that has the "last say" over where, and with whom, your son would go.

    Any "interested" party (like a grandparent, or uncle, or a niece) can file a Petition for guardianship of a non-adopted child. It would be up to the court, then, to determine the "best interests" of the child.

    IAAL

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