How Does My Husband Adopt My Son?

My question involves adoption law for the State of: TEXAS

FIRST OF ALL, MY SON IS 9 YRS OLD. I WAS NEVER MARRIED TO HIS DAD, AND WE SPLIT WHEN HE WAS 1 YR OLD. I AM CURRENTLY NOT LEGALLY MARRIED TO MY HUSBAND BUT HAVE BEEN LIVING TOGETHER SINCE MY SON WAS 2 1/2 YRS OLD. WE ARE GOING ON 8 YRS. MY SONS BIO DAD LAST SAW MY SON WHEN HE WAS ABOUT TO TURN 3. HE HAS NEVER TRIED LOOKING FOR HIM. IT HAS BEEN ALMOST 7 YRS SINCE HE LAST SPEND TIME WITH HIM. MY SON WAS TO YOUNG TO REMEMBER HIM, AND CALLS MY HUSBAND DAD BECAUSE HE DOES NOT KNOW THE TRUTH. BIO DAD HAS 3 KIDS WITH NEW WIFE, AND I FOUND OUT THAT THEY HAD BEEN TAKEN AWAY BY CPS FOR ABOUT 5 MONTHS. MY HUSBAND REALLY WANTS TO ADOPT MY SON. WOULD BIO DAD HAVE TO SIGN HIS RIGHTS OVER, OR CAN HIS RIGHTS JUST BE TERMINATED SINCE HE HAS HAD NO CONTACT WITH MY SON IN SUCH A LONG TIME? WOULD BIO DAD'S CRIMINAL BACKGRGOUND HELP ME WITH HAVING HIS RIGHTS TERMINATED?

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Quoting BIGMAMA

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My question involves adoption law for the State of: TEXAS

FIRST OF ALL, MY SON IS 9 YRS OLD. I WAS NEVER MARRIED TO HIS DAD, AND WE SPLIT WHEN HE WAS 1 YR OLD. I AM CURRENTLY NOT LEGALLY MARRIED TO MY HUSBAND BUT HAVE BEEN LIVING TOGETHER SINCE MY SON WAS 2 1/2 YRS OLD. WE ARE GOING ON 8 YRS. MY SONS BIO DAD LAST SAW MY SON WHEN HE WAS ABOUT TO TURN 3. HE HAS NEVER TRIED LOOKING FOR HIM. IT HAS BEEN ALMOST 7 YRS SINCE HE LAST SPEND TIME WITH HIM. MY SON WAS TO YOUNG TO REMEMBER HIM, AND CALLS MY HUSBAND DAD BECAUSE HE DOES NOT KNOW THE TRUTH. BIO DAD HAS 3 KIDS WITH NEW WIFE, AND I FOUND OUT THAT THEY HAD BEEN TAKEN AWAY BY CPS FOR ABOUT 5 MONTHS. MY HUSBAND REALLY WANTS TO ADOPT MY SON. WOULD BIO DAD HAVE TO SIGN HIS RIGHTS OVER, OR CAN HIS RIGHTS JUST BE TERMINATED SINCE HE HAS HAD NO CONTACT WITH MY SON IN SUCH A LONG TIME? WOULD BIO DAD'S CRIMINAL BACKGRGOUND HELP ME WITH HAVING HIS RIGHTS TERMINATED?

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Please do not type in all caps. It makes your post hard to read, and comes across as yelling.

You will need bio dad's written permission to TPR and adoption.

This is something that really shouldn't be done without an attorney to prevent problems years later.

If dad doesn't agree, you can go to court and ask the court to involuntarily terminate rights based on abandonment. (this can only be done if the father was ever adjudicated as the legal father, with a CS order that has not been paid)