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Step dad to adopt my daughter

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  • 03-10-2006, 07:13 AM
    jodigoff
    Step dad to adopt my daughter
    My husband and I have been together for 9 years married 5.
    He would like to adopt my daughter. She is 13.
    The bio father is in and out of prison and has only seen her 2 times in the last 4 years. ( We live in the same town)
    Do I need a lawyer to do this adoption or can I do this my self.
    Bio fathers name not on birth certificate but she does have his last name.
    I live in Harris County Texas
  • 03-10-2006, 09:39 AM
    Mr. Knowitall
    Step-Parent Adoption
    Will the biological father consent to the step-parent adoption?
  • 03-11-2006, 06:30 PM
    jodigoff
    No he won't. Does he have to? He's in prison again.
    He's not on her birth certificate.
  • 03-12-2006, 11:37 AM
    Mr. Knowitall
    Step-Parent Adoption
    The biological father is entitled to notice of the adoption proceeding. If the biological father has never been part of the child's life, or is facing long-term incarceration, the court will probably grant adoption even against his wishes.

    You can check at the local court to see if there are standard form adoption petitions you can use for a step-parent adoption action. If not, you may need to get some help from a lawyer to get the paperwork together, and possibly to represent you in the court proceedings.
  • 03-13-2006, 05:20 PM
    jodigoff
    He is not getting out until my daughter is 23. Last I heard.

    If he is not on the birth certificate and has NEVER supported her, why do I need to notify him.

    When I filed for a divorce from him; I stated we had no children BORN to our marriage; which is true. I had a lawyer draw them up that way. He signed my papers knowing what I put in them. He signed them in front of a notary.

    Isn't that "giving up his rights"?
  • 03-13-2006, 05:48 PM
    Mr. Knowitall
    Six of one, half a dozen of the other. The biological father is entitled to notice. If it's him, you can use the judgment to try to facilitate the adoption process. If it's not, well, the biological father is entitled to notice.
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