Contested adoption

[jbcutemom]

What is the name of your state? texas

I have a 7 yr old daughter, her father has been gone since she was 2 yrs old. Before that, he never had much to do with her, never paid child support, anything of the sort. His name is NOT on the birth certificate. He was given the option, but did not follow through. He is a convicted felon (and is on violation of parole, warrants, at the moment I think). He was a serious drug addict and alcoholic, never kept a job or a roof over his head (which is why I left him before I knew I was pregnant)
I have been married for 4 yrs now, and my husband wants to adopt her as his own. He's all she's ever known as a father and I'm terrified that her bio dad will try to come back at some point.
Does TX have an abandonment law? Where if the father has been gone for so many years, we can just file for adoption without his consent? I don't know where he is, nor would I know how to find him. Her bio dad has threatened before to come take her and go where I can't find him.
What are my options?

J

 

[nextwife]

Texas Adoption Statute Summary

Texas Code Annotated Family Code Sections 162.001 to 162.025 (1997); 15.01 to 15.07; and 11.03 to 11.04 (1997)

Who Can Adopt?

Any adult may adopt. A husband and wife must adopt jointly, including the spouse of a stepparent.

Who Can Be Adopted?
Any child or adult living in the State may be adopted.

Consent to Adoption
The written consent of the following people must be given:

1.
both natural parents;

2.
a managing conservator (a person or agency who retains all of the
rights, privileges, duties, and powers of a parent to the exclusion of other parents) if one has been appointed; and

3.
the adoptee who is 12 years of age or older, unless waived by the court.

Consent is not required of the following:

1.
a parent who has voluntarily left the child alone or in the possession of another with no intent to return and without providing adequate support for the child;

2.
a parent who has abandoned the child without means of identification; or

3.
the alleged father, who upon notice fails to respond by timely filing an admission of paternity.

No decree for adoption may be filed unless parental rights have been terminated as to each parent of the child. Consent to the adoption may be revoked any time before the final adoption order is entered.

Putative Father Registry
A putative father who files notice with the putative father registry is entitled to notice of adoption proceedings.

Source: http://www.adoptionsolutions.com/general/state laws/tx_law.htm

 

[jbcutemom]

Thanks for your response!

So, would he be considered as a parent/father who abandoned his child? He's had 7 yrs to get his name on her birth certificate, and never did, hasn't contacted, no clue how to contact him, no child support, etc.........

Would we still have to legally have his parently rights terminated? I'm sure we would, from what I understand. But is it easier to get them terminated under this instance? I'll be honest, I don't know much about this, lol!


J

 

[nextwife]

Not sure. I'm not an attorney.

AS you do not know where he is, perhaps legally publishing notice for a required time period can be used. The stepparent adoption itself is not complicated. But the biofather rights must be terminated, it seems from the statute.

 

[jbcutemom]

Thank you soooooo much!! This is a step in the right direction. Better than not having a clue!

 

[nextwife]

Good luck!

 

[Lina Proctor]

not sure

My husband wants to adopt my son. My husband has been dad for 7 of the 8 years of my sons life. My sons biodad left for Bermuda to live with his dad when my son was four months and had never supported him in any way. Three years ago I sent papers for his consent for adoption but he refused. I tried calling him 3 years later again to consent and still no. In the past there still is no support for my son. How do I terminate his rights? Is it any easier than an adoption? I only have biofathers' dads address. I don't have biofathers home address and don't know if he's still living with his dad. What should I do?

Please help!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

My husband is deployed for maybe a year and this would be the greatest gift for him.

 

[Seanscott]

In your home state, have your husband file a petition to adopt. This will get everything rolling toward termination of parental rights.

The termination laws, and stepparent adoption laws were made for situations exactly like yours. You have a classic case and should not have any problem winning both cases. After all this time biodad has blown any chance to visitation, let alone any kind of shared custody. However, the court will do everything possible to locate biodad.

Your husband has to file the petition, you cannot get the adoption for him. Possibly he can fill out the forms and have them notarized where he is stationed.

Best wishes.

 

[pamela vandi]

child support as leverage

The deadbeat "dads" who refuse to terminate parental rights might be moved by the threat of court-ordered CHILD SUPPORT PAYMENTS. If you guarantee that the deadbeats will be off the hook for child support payments if they sign the child over for adoption, they may be inclined to do so. This would only work for those who have something to lose. If your child's father is already in jail, he has nothing to worry about except the loss of possible earnings when/if he is out of jail again. He could also fear being reincarcerated for failing to pay child support, if he ever gets out of jail.

 

[Lina Proctor]

thanks seanscott

Can I do this with a power of attorney or does this have to be a special power of attorney?