Legal Question in Family Law in Texas
Adopting my fiancee's child
My fiancee has a two year old from a previous marriage, and we have talked about my adopting her child. The ex-husband does have visitation rights (but not primary custody), has rarely seen the boy, nor has he provided any kind of stable child support. I have basically acted as his father for the past two and a half years, even providing support financially and emotionally. What can we do to allow me to adopt him, and is it possible without the ex-husband's consent if he refused to give it?
4 Answers from Attorneys
Re: Adopting my fiancee's child
On the facts you describe, it may be very possible to adopt the child. The court's decision criteria is what is in the best interest of the child. This can be shown to the court in a well-prepared social study. The bio father's parental rights could be terminated without his consent for his lack of visitation and irregular child support. If you want my assistance in this matter, I have done this several times and work with a MSW who will help also. Contact me by e-mail. Thanks,
Re: Adopting my fiancee's child
You may be able to adopt the child if the biological father voluntarily relinquishes his parental rights or depending on the circumstances, it may be done involuntarily. If you live in the Dallas-Fort Worth metroplex, please call me or email me.
Re: Adopting my fiancee's child
This may be done involuntarily at times. My thought would be to go after the child support and make the bio dad pick his poison. I hope this helps.
Re: Adopting my fiancee's child
You can adopt the child if the court will consent. Your chances of getting approved would be improved if you were married to the mother of the child. IF the father consents and you are married, then this is not difficult. If the father does not consent, then you will have to prove one of a number of statutory grounds to involuntarily terminate his rights. You may be able to motivate him to consent by seeking to enforce prior child support orders. If I can help, give me a call