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  1. #1
    Join Date
    Aug 2005

    How to prove abandonment ?

    What is the name of your state? TEXAS

    My child is now 8 and hasn't seen or even remember his bio father. He has not been in contact with us(thank GOD!) He has a criminal/drug background. Do you know how I can go about proving abandonment or what action to take in the courts so that my new spouse can adopt him or have his name changed legally?

  2. #2
    Join Date
    Aug 2005
    St. Odo of Cluny Parish
    The way to prove abandonment is the way you prove anything else: evidence. Of course, it is proving a negative, so you will have to get up there on the stand and testify that pa has not made any contact for x number of years, etc.

    Also, when you start the adoption proceedings, there will be a massive effort to contact pa to make sure he knows about the proceedings. Actually, that is for your protection: so he can't come back later and attack the adoption for failure to notify him.

  3. #3
    Join Date
    Feb 2001
    Middle of the Map

    helpful info...

    State Statutes Search Results: Texas

    Summaries of state statutes (and full text of laws, in some cases) are provided below. To find information for another state or statute, return to the State Statutes Search.

    Grounds for Involuntary Termination of Parental Rights

    To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (Printable version - PDF 792 KB) publication.

    Circumstances That Are Grounds for Termination of Parental Rights
    Fam. Code §§ 161.001; 161.002; 161.003; 161.007

    The parent has abandoned the child.
    The parent is unable to discharge his or her parental duties due to:
    Mental illness, emotional illness, or mental deficiency
    Use of a controlled substance
    Incarceration for not less than 2 years
    The parent knowingly placed or allowed the child to remain in conditions or surroundings or with persons who engaged in conduct that endangered the physical or emotional well-being of the child.
    Reasonable efforts to rehabilitate the parent have failed.
    The parent has been convicted of being criminally responsible for the death or serious injury of a child or any of the following crimes against a child:
    Murder or capital murder
    Indecency with a child, assault, sexual assault, aggravated assault, or aggravated sexual assault
    Injury to a child, elderly individual, or disabled individual
    Abandoning or endangering a child
    Prohibited sexual conduct, sexual performance by a child, or possession or promotion of child pornography
    The parent is the father of a child conceived as a result of a sexual offense.
    The parent has failed to support the child in accordance with the parent’s ability for 1 year.
    The parent abandoned the mother of the child during her pregnancy and failed to provide adequate support or medical care for the mother, and failed to support the child since birth.
    An alleged father has failed to register with the paternity registry or to respond to notice.

    The parent has been the major cause of:
    The child’s failure to be enrolled in school as required by law
    The child’s absence from home without the consent of the parents or guardian for a substantial length of time or without the intent to return
    The parent has been the cause of the child being born addicted to alcohol or a controlled substance.
    The parent voluntarily delivered the child to a designated emergency infant care provider.
    The parent has failed to maintain regular visitation, contact, or communication with the child.
    Parental rights to another child of the parent have been involuntarily terminated.

    Circumstances That Are Exceptions to Termination of Parental Rights
    Not addressed in statutes reviewed.

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