Stepfather wants to adopt

[ccreel]

What is the name of your state? texas
My husband of three years wants to adopt my 71/2 year old daughter. My husband is the only the father that she has ever known. Her biological father saw her one time when she was 3 months old. After that he disappeared and I haven't heard form him since. There is no father listed on her birth certificate and she has my maiden name. No paternity test was ever performed. My husband is in the army and we will be going to Germany for three years in May and we want to get this done before then, we are also on a budget, and I would like to know what do I need from her biological father, if anything, and what is the least costly way of getting this done.

[brisgirl825]

Unless dad consents you will not be able to do a SP Adoption.

You need to establish paternity by filing for CS. He will then have the right to petition for visitation and joint legal custody (I believe that is Joint Managing Conservator in Tx). Then he will have rights to give up. He may not do that though, so you are in a bind. If you start this process and he wants to be a dad, you will have to allow visitation.

GL.

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

[justmom611]

Originally Posted by ccreel

What is the name of your state? texas
My husband of three years wants to adopt my 71/2 year old daughter. My husband is the only the father that she has ever known. Her biological father saw her one time when she was 3 months old. After that he disappeared and I haven't heard form him since. There is no father listed on her birth certificate and she has my maiden name. No paternity test was ever performed. My husband is in the army and we will be going to Germany for three years in May and we want to get this done before then, we are also on a budget, and I would like to know what do I need from her biological father, if anything, and what is the least costly way of getting this done.

If you can prove abandonment and failure to maintain contact, you can request that the biological father's rights be terminated by the court and then a step-parent adoption can take place. We are going through this right now but your case is different because we have paternity established. I would suggest you consult with an attorney. Many provide free or low cost consulations. Bris has an excellent point that if you start this and the father really wants to fight it, he could very well end up with visitation.

[tigger22472]

Originally Posted by brisgirl825

Unless dad consents you will not be able to do a SP Adoption.

You need to establish paternity by filing for CS. He will then have the right to petition for visitation and joint legal custody (I believe that is Joint Managing Conservator in Tx). Then he will have rights to give up. He may not do that though, so you are in a bind. If you start this process and he wants to be a dad, you will have to allow visitation.

GL.

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

Actually paternity can be established with without filing for CS. The only way to do this legally though would be through a lawyer who would advise the procedure required. Texas is actually one of the states that allows a TPR without a step-parent to adopt. Generally what happens is that there has to be an attempt to notify and find the presumed father and have the paternity established in order for them to give up rights.

Check with a lawyer because if you don't know where to find the BF then they may let you run an ad in the paper where you last knew he was located to let him know about terminating his rights. If there is no reply then the judge would allow the termination. If you do go for child support and paternity testing then that will open up a can of worms that would probably be best left alone.

You would only have to allow visitation if he took you to court for it.

[brisgirl825]

Originally Posted by tigger22472

Actually paternity can be established with without filing for CS. The only way to do this legally though would be through a lawyer who would advise the procedure required. Texas is actually one of the states that allows a TPR without a step-parent to adopt. Generally what happens is that there has to be an attempt to notify and find the presumed father and have the paternity established in order for them to give up rights.

Yeah I forgot about TX not beng an adoption necessary state. However, after they locate him, he may decide that he wants parental rights, if he can BE found.
It a risk that I don't know if I would take esp when she plans on being in Germany in three yrs. Dad could have established a relationahip well enough that she may not be given permission to leave. That was my main concern for the OP.

[Grace_Adler]

It may be the case that paternity doesn't have to be established. For example, in NC (I know it's not TX, just using NC to illustrate my point) if paternity hasn't been established within a certain amount of time, I think it's 6 months but not sure, then that is grounds to file for a TPR. And according to this "Voluntarily, and with knowledge of the pregnancy,
abandoned the mother of the child beginning at a
time during her pregnancy with the child and
continuing through the birth, failed to provide
adequate support or medical care for the mother
during the period of abandonment before the birth
of the child, and remained apart from the child
or failed to support the child since the birth;" from that website, would leave me to believe that paternity wouldn't have been established in this case, meaning you don't have to establish it. But you should go to TX actual state legislative website and look up the statutes regarding TPRs to make sure or consult with a TX family law attorney.

SUBCHAPTER A. GROUNDS


§ 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:

voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(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;


Ah here it is, in regards to paternity..

§ 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED
BIOLOGICAL FATHER.

(a) The procedural and substantive standards
for termination of parental rights apply to the termination of the
rights of an alleged father.

(b) The rights of an alleged father may be terminated if:

(1) after being served with citation, he does not
respond by timely filing an admission of paternity or a
counterclaim for paternity under Chapter 160;

(2) he has not registered with the paternity registry
under Chapter 160, and after the exercise of due diligence by the
petitioner:

(A) his identity and location are unknown; or

(B) his identity is known but he cannot be
located; or

(3) he has registered with the paternity registry
under Chapter 160, but the petitioner's attempt to personally serve
citation at the address provided to the registry and at any other
address for the alleged father known by the petitioner has been
unsuccessful, despite the due diligence of the petitioner.

(c) The termination of the rights of an alleged father under
Subsection (b)(2) rendered on or after January 1, 1998, does not
require personal service of citation or citation by publication on
the alleged father.

(d) The termination of rights of an alleged father under
Subsection (b)(3) does not require service of citation by
publication on the alleged father.

(e) The court shall not render an order terminating parental
rights under Subsection (b)(2) unless the court, after reviewing
the petitioner's sworn affidavit describing the petitioner's effort
to identify and locate the alleged father and considering any
evidence submitted by the attorney ad litem for the alleged father,
has found that the petitioner exercised due diligence in attempting
to identify and locate the alleged father. The order shall contain
specific findings regarding due diligence of the petitioner.

(f) The court shall not render an order terminating parental
rights under Subsection (b)(3) unless the court, after reviewing
the petitioner's sworn affidavit describing the petitioner's effort
to obtain personal service of citation on the alleged father and
considering any evidence submitted by the attorney ad litem for the
alleged father, has found that the petitioner exercised due
diligence in attempting to obtain service on the alleged father.
The order shall contain specific findings regarding the exercise of
due diligence of the petitioner.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 66, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 561, § 7, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 821, § 2.16, eff. June 14, 2001; Acts
2001, 77th Leg., ch. 1090, § 1, eff. Sept. 1, 2001.

161.109. REQUIREMENT OF PATERNITY REGISTRY
CERTIFICATE.
(a) If an affidavit of status of child as provided
by this chapter states that the father of the child is unknown and
no probable father is known, a certificate from the bureau of vital
statistics signed by the registrar that a diligent search has been
made of the paternity registry maintained by the bureau and that a
registration has not been found pertaining to the father of the
child in question must be filed with the court before a trial on the
merits in the suit for termination may be held.


(b) In a proceeding to terminate parental rights in which
the alleged or probable father has not been personally served with
citation or signed an affidavit of relinquishment or an affidavit
of waiver of interest, the court may not terminate the parental
rights of the alleged or probable father, whether known or unknown,
unless a certificate from the bureau of vital statistics signed by
the registrar states that a diligent search has been made of the
paternity registry maintained by the bureau and that a filing or
registration has not been found pertaining to the father of the
child in question.

Added by Acts 1997, 75th Leg., ch. 561, § 12, eff. Sept. 1, 1997.