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Adopting my ex's son

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mrgray0524

Junior Member
What is the name of your state? Texas

I am wanting to know what to do. I want to adopt my ex's son. I have known him and have been his Daddy since he was 16 months. I am all he knows as Dad. His Bio-father is nowhere to be found. He is not on the birth certificate but was not there for delivery, claims the child was not his. His Mom and I are no longer together, but both of us want the adoption to go forward. I am still an active part of his life. I pay for his child care and half of everything he needs. I help his mom pay other bills as well. I know that in most cases you have to be married, but doesn't Texas recognize common law marrage. In that case we were married. My ex is very much in support of this. Please help me.
 
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titansfan

Guest
you cant adopt the child unless you and the mother get married

you cant adopt the child unless you and mom get married, and are legally married for a period of time, most likely a year. then you will need to find the bio father and get his consent. its nice that your helping out with the child and all, and want to be there for the child, but legally you are a stranger with no rights to the child at all. no judge is going to allow you to adopt this child unless you and the mother get legally married.
 

rmet4nzkx

Senior Member
titansfan said:
you cant adopt the child unless you and mom get married, and are legally married for a period of time, most likely a year. then you will need to find the bio father and get his consent. its nice that your helping out with the child and all, and want to be there for the child, but legally you are a stranger with no rights to the child at all. no judge is going to allow you to adopt this child unless you and the mother get legally married.
Kelly, Please don't answer quetions when you don't know the answer.

OP and his Ex have a common law/informal marriage, even though they are separated, they are still married until they get a divorce, however until the biodad disestablishes paternity OP cannot adopt, in fact he is not obligated to pay child support or child care unless ordered by court and mom could still collect arrearages from biodad. Even though OP is not the biodad he can still file for visitation.
 

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