Terminating Father's rights

[wolfcreekgal]

What is the name of your state (Texas)? My twenty-one year old daughter lives in Texas and has a legal problem. Two years ago she gave birth to a little boy from a very short-lived relationship that occured in the state of Illinois. The Father of my grandson has never even acknowledged the child is his and quit even speaking to my daughter when he found out she was pregnant. Paternity has never been established and he has never paid child support.
My daughter is now married and her husband wants to adopt my grandson as his own. Haidan knows him as his "Daddy" and has for the past year. My daughter's husband wants Haidan to have his last name. How do they go about making this happen? Thanks in advance for any advice!

 

[Silverplum]

Yeah, we've NEVER answered THIS highly original question.

What is the name of your state (Texas)? My twenty-one year old daughter lives in Texas and has a legal problem. Two years ago she gave birth to a little boy from a very short-lived relationship that occured in the state of Illinois. The Father of my grandson has never even acknowledged the child is his and quit even speaking to my daughter when he found out she was pregnant. Paternity has never been established and he has never paid child support.
My daughter is now married and her husband wants to adopt my grandson as his own. Haidan knows him as his "Daddy" and has for the past year. My daughter's husband wants Haidan to have his last name. How do they go about making this happen? Thanks in advance for any advice!

 

[Zigner]

My daughter's husband wants Haidan to have his last name. How do they go about making this happen?

Generally, one would start by marrying the man and THEN having HIS child...

 

[wolfcreekgal]

Geez**************.

I see this isn't the place to go for help**************..

 

[Just Blue]

I see this isn't the place to go for help**************..

Your DAUGHTER need to consult with an Adoption Attorney in her area. Adoption isn't something one should do oneself.

 

[DawnPlusTwo]

I see this isn't the place to go for help**************..

The morally correct thing to do would be to find Dad and allow him the opportunity to have a relationship with his child.
If Dad decides against a relationship my child, maybe then you have something to run with.

 

[Proserpina]

Would be best if daughter registered and asked her questions.

But in the meantime, you might let daughter know that she has to let kiddy's father - the guy she's no longer with - know that she intends to have her husband adopt kiddy. Father can then file to establish paternity and sort out custody, visitation and child support if he so chooses. Or he can choose to terminate his rights and let daughter's husband adopt.

Daughter can't just erase kiddy's father from kiddy's life.

 

[txmom512]

Would be best if daughter registered and asked her questions.

But in the meantime, you might let daughter know that she has to let kiddy's father - the guy she's no longer with - know that she intends to have her husband adopt kiddy. Father can then file to establish paternity and sort out custody, visitation and child support if he so chooses. Or he can choose to terminate his rights and let daughter's husband adopt.

Daughter can't just erase kiddy's father from kiddy's life.

Even if the child is two years old, paternity was never established, the father admitted he did not want anything to do with the child and has had NO contact (incl. no child support) for TWO Years????

 

[Isis1]

Even if the child is two years old, paternity was never established, the father admitted he did not want anything to do with the child and has had NO contact (incl. no child support) for TWO Years????

yep, even if.....

 

[Proserpina]

Even if the child is two years old, paternity was never established, the father admitted he did not want anything to do with the child and has had NO contact (incl. no child support) for TWO Years????

Without a court order he wasn't oblige to pay any child support.

He can't give up rights that he hasn't yet established.

 

[KJHOOK13]

Good Points

I think the best advice is to have your daughter contact an attorney who will likely talk to both her and her husband and advise the course of action that applies in her home state. Generally, state law requires that a posting under the "legal" section of the town paper of the father's last known residence runs each week for 4 weeks or so and is considered "due diligence" as far as letting the biological father know that the adoption is proceeding. Sort of like, "speak now, or forever hold your peace.."

Hope it works out.

 

[TheGeekess]

gnubee non-sense

You don't know what you're posting about. It's a little more complicated than posting a notice in the newspaper.

FYI, Texas and Ohio are two different states, with different laws/regulations/requirements. So, unless you know/are able to research and can quote state statute with proper attributes, you'll need to find a different hobby. We won't allow incorrect legal advice.

 

[Ohiogal]

You don't know what you're posting about. It's a little more complicated than posting a notice in the newspaper.

FYI, Texas and Ohio are two different states, with different laws/regulations/requirements. So, unless you know/are able to research and can quote state statute with proper attributes, you'll need to find a different hobby. We won't allow incorrect legal advice.

Psst. TG, law student newbie. Here to help and learn. And publication is considered a way to serve. IF mom doesnt' know where the father is. If mom knows where the putative father is then she has to do personal service.

 

[TheGeekess]

Psst. TG, law student newbie. Here to help and learn. And publication is considered a way to serve. IF mom doesnt' know where the father is. If mom knows where the putative father is then she has to do personal service.

One of yours? I will sit corrected, then.

But from OP, Mom knows who Dad (probably) is and where he was located....

 

[Ohiogal]

One of yours? I will sit corrected, then.

But from OP, Mom knows who Dad (probably) is and where he was located....

KJ was partially correct but not giving the whole description. If mom doesn't know where putative dad is and can't find him through relatives then she can do service by publication -- however she may have to do TWO publications. One for father with father's name and one for John Doe. In case the putative father is not the actual father.

Of course the fact that mom has LIED to her child is pathetic and reprehensible and shows that she really is not putting her child first. There were much more mature ways for mom to handle this -- like establishing paternity at birth. Getting a child support order.