Step Child Adoption in Texas

[analee7667]

My question involves adoption law for the State of: Texas
Hi,
I am divorced since 2006, my ex husband is fom Brazil, our divorce was made in Brazil but he was living here during the same year.
I have the full custody of my daughter (10 years old now), my ex husband never paid the child support, never visited her, and I could never find where he is living.
My daughter and I are now American citizens, I married again, and since she was 5 years old she calls my actual husband "dad". She is always asking me to change her name and my husband wants to adopt her. How I am going to do this process if I have no idea where he is living?

Thank you,

[Mr. Knowitall]

If you want to effect a name change under the laws of Brazil, such that a Brazilian birth certificate is amended, you will need to speak to a lawyer in Brazil about that nation's laws and legal processes. I do not know how Brazil would respond to a name change order from Texas.

If you want to try for step-parent adoption in Texas you will petition the court to terminate the biological father's rights, presumably based upon abandonment, and will follow the court's instruction as to how to effect "substituted service" if your ex- cannot be located. The international aspect complicates things; I don't want to guess as to what steps the court may order. You should also still contact a lawyer in Brazil in order to learn how to register the adoption with Brazil such that Brazil would recognize and enforce the adoption - you don't want to visit Brazil only to be surprised by a custody claim by your ex and a court order prohibiting you from taking your child home until the case was resolved.