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  #1  
Old 02-02-2008, 11:22 PM
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Join Date: Feb 2008
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Question

Termination And Adoption


What is the name of your state? TX

Hi. My husband Ben and I have been married for 3 1/2 years, but together for almost 8. I have a daughter who is 10 yrs old and he is not the biological father of her. He wants to legally adopt her which we would all love to happen.

Here's the drama - her biological father has a court order where is is named the father, is ordered to pay child support and has "supervised visitations." He has only exercised his visitation when the order was first written. He hasn't seen her since she was about 3, and has pretty much "abandoned" her. As far as child support, he had wages garnished a few times but hasn't held a job long enough to get support, and he currently is in arrears for almost $16,000.00. His last payment was in August of 2004. The other thing is I know he left the state and is in Illinois.

With all that being said, shouldn't we be able to get a judge to terminate his rights based on all the proof of abandonment (non payment for over 3 yrs now and no contact for over 7 yrs) without having to pay to locate him and get him into court? He is a jerk and would sooner fight me on something just out of spite than do what is right knowing he can not provide for her.

I have had a lawyer tell me I would have to pay her almost $3-5,000 for the fees for termination and adoption plus pay for an ad litem and possibly an investigator to locate him. Can't I just initially put a legal notice in the paper to him and leave it at that? I want this done as painless as possible. Any advice on getting this done quickly and inexpensively???? I'm desperate to finally do this for our family. THANKS!!!!

Brandy, in Texas
  #2  
Old 02-03-2008, 08:02 AM
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Join Date: Sep 2000
Posts: 968

You ALWAYS need a lawyer when it comes to adoption


While you probab;ly have grounds for adoption - this is something far too important to try and save $$ on. If you want the adoption done, and done right, - you definitely need a lawyer.

D
  #3  
Old 02-03-2008, 09:10 PM
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Quote:
Originally Posted by momofrose View Post
While you probab;ly have grounds for adoption - this is something far too important to try and save $$ on. If you want the adoption done, and done right, - you definitely need a lawyer.

D
Thanks! I know I need a lawyer. I was just looking to see if I have to go with the whole ad litem for my daughter and actually "hunt" down her father or if I can legally notify him in the paper. I don't want to be ripped off if I know it's a sure case so to speak. I want a lawyer who will get the job done without taking as much money from me as he/she can if I am ignorant entering into the case with him/her. Does that make sense? Anyway, I will have to interview with several lawyers I suppose to find one that has consistent knowledge and background info. I have a few in mind locally. I was hoping to gather some other advice from people who have had similar situations. Thanks again momofrose.
  #4  
Old 02-04-2008, 01:37 PM
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Join Date: Jan 2005
Posts: 14,766
Quote:
Originally Posted by BRANDY79 View Post
Thanks! I know I need a lawyer. I was just looking to see if I have to go with the whole ad litem for my daughter and actually "hunt" down her father or if I can legally notify him in the paper. I don't want to be ripped off if I know it's a sure case so to speak. I want a lawyer who will get the job done without taking as much money from me as he/she can if I am ignorant entering into the case with him/her. Does that make sense? Anyway, I will have to interview with several lawyers I suppose to find one that has consistent knowledge and background info. I have a few in mind locally. I was hoping to gather some other advice from people who have had similar situations. Thanks again momofrose.
How much you know going in is entirely up to you.

And it's super-really-monster bad form to come to a site like this and badmouth attorneys, don'tcha think?
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #5  
Old 02-04-2008, 07:02 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,762
Yep. uh-huh. Because all of us attorneys are nothing but rip off artists. Okay. Remind me who says things like that and I will not respond.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 02-19-2008, 06:50 AM
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Join Date: Oct 2005
Posts: 369
You should not be insulted Ohiogal you have given good advice in the past and I read your post, BUT I also want as much info going in also because I'm sure if you are a good lawyer you know of lawyers who've done silly things causing their customers thousands.

I have one now who was handling a real estate deal and handed over 5 thousand $ to someone he wasn't supposed to. Now he'll take care of it for more money and insists on getting paid before doing anything else, so.

Keep giving advice because the more we know from others going in the better.

Good Day

Quote:
Originally Posted by Ohiogal View Post
Yep. uh-huh. Because all of us attorneys are nothing but rip off artists. Okay. Remind me who says things like that and I will not respond.
  #7  
Old 02-20-2008, 03:01 PM
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Join Date: Dec 2006
Posts: 18

Brandy, email me.


Hi Brandy,

I have completed step-parent adoption in 06 (in Texas). We didn't know where the bio was neither. I can share my experience with you. Email me at [email]meow_aya@hotmail.com[/email]

Cheers!
Papaya
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