Stepmom wants to adopt, need to terminate Biomom's rights

[yankee_4x4]

What is the name of your state? TX

Here_s a short down and dirty background:
Had a son with my ex-wife in OCT 1999. He has lived with me since Jan 2002. She has seen him a total of 4 times since then and hasn_t talked to him on the phone since his birthday in 2003. I have sole managing conservatorship (sole custody); this came fairly easy since she defaulted by not responding to the notification and then not showing up in court. She hasn_t paid a dime in child support. I have since remarried and my wife has been more of a mom than his bio-mom; us having been together for 3 years. This is who he knows as his mom. What kind of case do we have as far as terminating the bio-mom_s rights so that his step mom can adopt him? We both want this to happen. Here are some wrenches to throw in the mix:

I am in the military stationed at ft Campbell, KY. I can go to court in KY, TN or TX since that_s my legal residence and where the prior judgment was made. Where would be the best place to take this to court? What would happen to back owed support? I heard suggestions that instead of having to deal with a long drawn out fight in court I should offer to have the back support cancelled in lieu of her terminating her rights voluntarily. What do you think about that?

Thanks a ton.

 

[momofrose]

First - you need to find out if mom wants her rights terminated. - I do not believe 2 or 3 years of no communication is grounds enough (even with not paying child support).

Do you know where she is? Can you contact her and ask her if she would be willing to relinquish parental rights so that step-mom can adopt her?

Also - when were you remarried? - even if Mom wants to give up rights, I believe the courts want quite a few years under the belt before authorizing an adoption (and rightfully so)

d

 

[Neal1421]

First - you need to find out if mom wants her rights terminated. - I do not believe 2 or 3 years of no communication is grounds enough (even with not paying child support).

Do you know where she is? Can you contact her and ask her if she would be willing to relinquish parental rights so that step-mom can adopt her?

Also - when were you remarried? - even if Mom wants to give up rights, I believe the courts want quite a few years under the belt before authorizing an adoption (and rightfully so)

d

Abandonment is a grounds for terminating parental rights in TX, although I am not exactly sure how many years it has to be, they may have a leg to stand on with that.

 

[Neal1421]

I just found this.

Full Text of Statute

Tex. Fam. Code Ann. § 161.001 (West, WESTLAW through End of 2001 Reg. Sess.)

The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence 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;

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 3 months;

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 6 months;

Knowingly placed or knowingly allowed the child
to remain in conditions or surroundings which
endanger the physical or emotional well-being of
the child;

Engaged in conduct or knowingly placed the child
with persons who engaged in conduct which
endangers the physical or emotional well-being of
the child;

Failed to support the child in accordance with
the parent's ability during a period of one year
ending within 6 months of the date of the filing
of the petition;

Abandoned the child without identifying the child
or furnishing means of identification, and the
child's identity cannot be ascertained by the
exercise of reasonable diligence;

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;

Contumaciously refused to submit to a reasonable
and lawful order of a court under Chapter 264;

Been the major cause of: the failure of the child
to be enrolled in school as required by law; or
he child's absence from the child's home without
the consent of the parents or guardian for a
substantial length of time or without the intent
to return;

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

Been convicted or has been placed on community
supervision, including deferred adjudication
community supervision, for being criminally
responsible for the death or serious injury of a
child or adjudicated for conduct that caused the
death or serious injury of a child and that would
constitute a violation of one of the following:
murder; capital murder; indecency with a child;
assault; sexual assault; aggravated assault;
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;

Had his or her parent-child relationship
terminated with respect to another child based on
a finding that the parent's conduct was in
violation of the sections pertaining to
endangering the health and well-being of the
child, or substantially equivalent provisions of
the law of another State;

Constructively abandoned the child who has been
in the permanent or temporary managing
conservatorship of the Department of Protective
and Regulatory Services or an authorized agency
for not less than 6 months, and the Department or
authorized agency has made reasonable efforts to
return the child to the parent; the parent has
not regularly visited or maintained significant
contact with the child; and the parent has
demonstrated an inability to provide the child
with a safe environment;

Failed to comply with the provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department for not less than 9 months as a result of the child's removal from the parent for the abuse or neglect of the child;

Used a controlled substance in a manner that
endangered the health or safety of the child, and
failed to complete a court-ordered substance
abuse treatment program; or repeatedly, after
completion of a court-ordered substance treatment
program, in a manner that endangered the health
or safety of the child;

Knowingly engaged in criminal conduct that
results in the parent's imprisonment and
inability to care for the child for not less than
2 years from the date of filing the petition;

Been the cause of the child being born addicted
to alcohol or a controlled substance, other than
a controlled substance legally obtained by
prescription; or

Voluntarily delivered the child to a designated
emergency infant care provider under § 262.302
without expressing an intent to return for the
child; and

That termination is in the best interest of the
child.

 

[yankee_4x4]

Originally Posted by momofrose

Do you know where she is? Can you contact her and ask her if she would be willing to relinquish parental rights so that step-mom can adopt her?
*** I have her parent's address. This was where she was served for the custody hearing. I don't know if she would; she said she would sign over custody/conservatorship in TX but never did costing me hundreds in laywers fees. SHe just ignored/refused to respond to the service of papers
Also - when were you remarried? - even if Mom wants to give up rights, I believe the courts want quite a few years under the belt before authorizing an adoption (and rightfully so)
I was remarried in 2004. but have been with my current wife since late 2002.

Posted by Neal1421
Abandonment is a grounds for terminating parental rights in TX, although I am not exactly sure how many years it has to be, they may have a leg to stand on with that.

***I'm gonna have to look into that. I am just really not looking forward to dealing with lawyers and the courts again especially since this is likely to cost an arm and a leg in comparison to the modification of conservatorship.

Thanks,
-R