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  1. #1

    Default Step Parent Adoption

    My question involves adoption law for the State of: TX

    I have a six yr old, dad inst involved. We signed AOP at birth, no court orders for visitation or child support. Hubby wants to adopt, my son calls hubby daddy but is aware he is his step dad. Dad had been offered opportunity's to be involved in the past but messed them up, showing up drunk or just not showing up at all. He hasn't seen son since April, 06. I have asked dads permission to allow my husband to adopt dad says no, I understand that is his right. Dad had no job and is over 30, dad has been in jail many times for petty things like possession of prescription pills without a prescription, public intoxication etc. Was wondering about abandonment, and seeking a legal definition to Extreme Parental Disinterest. Been all over the web and cant even find it in the online law dictionary. Is it even a real legal term or something some parent made up??Thanks to all...

  2. #2
    Join Date
    Jan 2008
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    15,950

    Default Re: Step Parent Adoption

    Has there been any contact at all? Why has there been no pursuit of child support?

    You may be able to have his parental rights terminated. You'll need to retain counsel.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3

    Default Re: Step Parent Adoption

    No actual visit since april of 06. Dad signed a consent for passport in oct 09 and saw our son briefly then. I have never filed for CS as he isnt able to hold down a job for very long and would cause loads of "drama". I have since heard that my husband and I couldnt file for adoption because I have never filed for support amd there are no court orders for visitation, dad could say I wouldnt allow visitation. Which under the circumstances I wouldnt, not now. After the visit in april of 06 dad and I had a huge argument, he was upset that I was involved with another man( my now husband since oct 06). I was very angry and told him never to call again unless it had to do with our son. He didnt, not even to ask about our son. I know that what I am about to expain next is going to sound absurd but I feel it is relevant to a case for abondonment. Dads half sister is married to my uncle, this is how I meet dad in the first place. I talk to his sister quite often and she and her children have came to visit me and my kids. He lives with her has been in the room while I have been on the phone with her and never asks to speak to me about our son. I would think that since he has such a direct line of communication if he was interested he would call me and ask to see his child. Its not as if he cant find or contact me. I am only seeking information about what my rights and options are as well as what his are. I am currently not in the U.S my husband is in the military, We are stationed in Europe. Given the fact that he signed AOP and at any given time could have contacted me himself would it be considered abondonment or Parental Disinterest at the least? Thanks again.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    26,567

    Default Re: Step Parent Adoption

    I think you should speak with an attorney; though abandonment may not be possible per se, you may be able to convince a judge to allow the TPR/adoption and you'll need an attorney anyway.

    (The terminology - extreme parental disinterest - is absolutely legitimate and real )
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5

    Default Re: Step Parent Adoption

    Thank you very much, would you mind giving me a exact defination of that term? Does it differ by state, ours would be Texas. extreme parental disinterest actually means what? Sorry I have made several attempts to find that on my own, not much luck though. I am waiting for a consult with JAG, they will not represent me but they will advise, our base is tiny and most soldiers are at the moment deployed, JAG has been booked for months with all the POA requests and sorry to say divorces, hard times for our guys right now. Anyway are there any Texas attys who would do a phone consult???? I have looked for that as well and well no luck!! Thanks in advance for all help....

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,567

    Default Re: Step Parent Adoption

    It does differ by State.

    What you should do is contact the Texas Bar Association; they can provide a referral and list of attorneys who will do a very reasonable initial consult (often for as low as $25 over the phone).

    There's some really helpful information on the actual Texas statutes relating to this right here too.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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