biological father signed name change, and step-father wants to adopt

[aric1steph]

What is the name of your state? Texas

My daughter biological father has not seen her since she was one, we split up when she was only three months old and at that time he signed legal papers allowing me to change her last name to mine. I recently got married and my husband would like to adopt my daughter. My daughter has only known him to be her father; we never speak of her biological father and because he never came around, she does not even know about him. She is now seven, and the school she attends allows her to go by my husband’s last name. Anyhow, basically I am wanting to know since her biological father has not bothered to see her or contact her in any form does that fall under abandonment, and do I still need him to consent to adoption, or since he signed the paperwork allowing me to change her last name to what is now my madden name can I legal change her last name to my husbands?

Thanks,
Steph

[brisgirl825]

Has paternity been established via DNA or Affidavit of Paternity? If so, are there orders for support or visitation?

[url]http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-texas/article/8673/1.html[/url]

[aric1steph]

Paternity was established at the time of birth and the father does have visitation rights and is ordered to pay child support, however he has not see my daughter since she was one and occasionally around the end of the year when the holidays are about to start I get maybe three to four child support checks. Other than that I have no idea where he is or how to contact him, he never calls and he stopped coming on his own to the visitations, when the court gave him visitations he was ordered to see the child under my supervision at my house and was not allowed to take the child anywhere without me being present, he was given every other weekend and every Tuesday, for the get go he never showed up on Tuesday's and never came consistently. I have a log of every visitation he did make and a date from the last time I ever saw or heard from him. Also, I was not the individual who took him to court for visitations and child support, when we split up I tried to give him the option to remain in our child’s life and to come visit her whenever he wanted, I also told him that I did not want any form of child support from him so long as he did not make things difficult concerning our break up. For a for a year and 9 months I never heard from him and he did not care to see my daughter, then out of the blue I got served with a court order to set up visitation rights through the court.

[brisgirl825]

Based on that info, you possibly have grounds for TPR. I suggest you consult an atty to see if those few cs payments will hinder your case. Many atty's will offer free or low cost initial consultations. Do NOT attempt an adoption w/o an atty. Failure to do it correctly can result in the adoption being overturned.