Adopting a Stepchild

**Texas Dad** · 12-15-2009, 10:30 AM

I have a Step Daughter that is 11.I really want to adopted since I raised her since she was 2. Me and my wife were looking over her her divorce papers and Her Ex gave my wife "Sole Custody".My question is since my wife has "Sole Custody" will her Ex have to be contacted in order for me to adopt the child?The Ex never has paid child support on the child and that is what the Ex and my wife agreeded to when they got divorced.So he isn't in the picture what so ever.

**EA1970** · 12-15-2009, 11:37 AM

Typically you'd need to get the father's consent. Barring that, you'd need to bring an action to have his parental rights judicially terminated. Mom having sole custody doesn't give her the sole discretion to terminate his rights.

**Texas Dad** · 12-15-2009, 03:03 PM

How will my Wife need to proceed with...(bring an action to have his parental rights judicially terminated.)and will (He) the Ex be contacted?Reason why we ask we dont have clue to where he is at?

**EA1970** · 12-15-2009, 04:45 PM

You need to see an attorney to find out how to proceed.

**Xena** · 12-15-2009, 07:17 PM

Quoting Texas Dad

How will my Wife need to proceed with...(bring an action to have his parental rights judicially terminated.)and will (He) the Ex be contacted?Reason why we ask we dont have clue to where he is at?

You're really going to need an attorney for this.
Yes, the father must be notified and hopefully agree to the TPR and adoption.
If wife doesn't know where he is she'll have to take steps to do a diligent search to find and notify him. The requirements for that vary and an attorney is the best route to go to make sure everything is done correctly.