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stepparent adoption dealing with deadbeat father

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dwayne3131

Junior Member
What is the name of your state (only U.S. law)? Texas

Is there grounds to be able to go through with a stepparent adoption if the biofather is several thousands dollars behind in court ordered child support? The attorney general has been contacted and they are processing the paper work to take him back to court for the fourth time now for failing to pay child support and each time he falls futher behind! An also he has very little contact with his two girls even though he knows my cell & home phone numbers as well as he has been here a few times but he rarely calls to see how their day was are to talk to them and when they call him to ask when they can go and see him or spend time with him he gives them excuses and they end up hanging up the phone hurt upset and disappointed. It tears me up to see them hurt i have been in these girls lifes now since 2002 and the oldest is 9 and the other is 8. So i was curios at what legal issues i may have to see the two girls quit get hurt? Thank you for your time to help me!
 
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dwayne3131

Junior Member
I think of those two girls as if they are on my own and do anything for them an it hurts to see how their real dad treats them he cares about them when it is convient for him and he cant hold down a job an still lives with mom going on 40
 

>Charlotte<

Lurker
First, I am not an attorney. I can point you in the general direction you need to go, but you must hire an attorney. Adoption is not a do-it-yourself project.

Step-parent adoption requires a termination of parental rights, and there are very specific criteria to establish that. It usually requires proof of abandonment (which means absolutely no contact, including a failure to pay support). You say he has had "little" contact with the children, but whatever contact he has may meet the minimum requirements to defend against the abandonment charge.

Google "Texas Statutes" and look for Family Code Chapter 162: Adoption. Here is a portion of that statute. Good luck.

FAMILY CODE
CHAPTER 162. ADOPTION
SUBCHAPTER A. ADOPTION OF A CHILD

§162.001. WHO MAY ADOPT AND BE ADOPTED.

Subject to the requirements for standing to sue in Chapter 102, an adult may petition to adopt a child who may be adopted. A child residing in this state may be adopted if:

(1) the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;

(2) the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;

(3) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption; or

(4) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.

If an affidavit of relinquishment of parental rights contains a consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.

§162.002. PREREQUISITES TO PETITION.

If a petitioner is married, both spouses must join in the petition for adoption.

A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include:

(1) a verified allegation that there has been compliance with Subchapter B; or

(2) if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance.
 

dwayne3131

Junior Member
Thank you clt747 for the info though i dont think there is much to be done really at this point in time unless he fails to not have any contact with them for over a year if im correct! Im just lost and trying to figure out what would be best for the two girls is all! They are not even aware of my actions on this i feel it would be best not to include them in this matter (kids should be kids and not have to worry about problems like this)they will have plenty of problems of their own to worry about when they get or age!And so everyone knows my intentions is not on who the child belongs to or anything like that (BECAUSE REALLY ALL CHILDREN BELONG TO JESUS) and we are put here to look over them and protect them and that is the only reason why im doing this is to protect the two girls!
 

>Charlotte<

Lurker
Well, here's another piece of that statute that looks like it might actually be six months. Again, I'n only including the items that may, from my understanding, apply to your situation:

FAMILY CODE
CHAPTER 161. TERMINATION[0] OF THE PARENT-CHILD RELATIONSHIP
SUBCHAPTER A. GROUNDS
§ 161.001. INVOLUNTARY TERMINATION[0] OF PARENT-CHILD RELATIONSHIP.

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

(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;

(E) 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;

(F) failed to support the child in accordance with the parent's ability during a period of one year ending within six months of the date of the filing of the petition;

(H) 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;
 

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