Legal Question in Family Law in Texas
I have an 8 year old daughter that has never met her father before due, he left when she was born and never came back. His name is not on the birth certificate and she has my last name, however, after applying for medicaid benefits for her, I was forced to file child support. I have recieved maybe $200 since I filed 6 years ago. He now owes $15,000 in back child support, and I don't even want money from him, I never have. We had to schedule 3 different appointments for a DNA test that he never showed up for, so the judge filed the document to name him as the legal father. I have since been with someone for 4 years and are getting married in 2 weeks. He wants to adopt her but can't until her biological father signs his rights away. There is absolutely no way to find him to do that. What resources do I have? I don't have the money to spend on a lawyer...I went that route and wasted $750. I appreciate any advice you can give me. Thank you so much, Nikki Myers
1 Answer from Attorneys
You pretty much answered your own question.
Bio. dad needs to relinquish his rights so that the step-dad can adopt.
Most courts make you wait until you've been married at least one year before they will allow the new man to adopt.
With the internet, the court will appoint an attorney to represent the bio. dad and to try to find him.
You need to file 2 lawsuits -- termination of bio. dad and adoption by new man. New man must pass a criminal background check, a social study must be done in your home just like you were adopting a brand new baby and an attorney will be appointed to represent the child's interests.
You definately need an attorney to handle this type of case for you. There is no way that you can do it yourself.
I think $750 is cheap. I estimate most of these cases running easily to $5,000 or more.
If you are indigent, then go to the local pro bono legal services for help.
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