another step parent adoption question

[bookwormess]

What is the name of your state? TX

I married my DH 2 years ago, and we have lived together for 4. He has full custody of his son, now age 7. His bio mom saw him in the summer os 1999, wrote a couple of letters in 2000 and we have not heard from her since. She does not remember her son on his birthday or Christmas and does not pay child support. She still owes DH quite a bit of money for a loan they took out together and hasn't paid a dime of it. If she wanted to see her son again, she would have to re-petition for visitation, and apparently the effort is too great for her to do.

So, my question is, I would like to legally adopt him, without spending his collage tution on legal fees. I know that his bio-mom would have to give up her rights, but I don't know if she would give them up. Plus, I don't know where to locate her. Can I claim abandonment?

What steps do I need to take to adopt my step-son?

Thank you.

 

[hexeliebe]

Although I have posted the specific state statute here, you would be well-advised to seek the counsel of a family law attorney in your area. An initial consultation won't cost that much and you'll know better your standing in this situation.

CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP

SUBCHAPTER A. GROUNDS

§ 161.001. Involuntary Termination of Parent-Child Relationship


(C) voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months;

(K) executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by this chapter;

also, the entire statute can be viewed here:

http://www.capitol.state.tx.us/statutes/fa/fa0016100.html#fa001.161.001

again, check with an attorney in your area.