Legal Question in Family Law in Texas

Re: ''adoption''

It is my opinion that you will need an attorney to walk you through the termination and step-parent adoption process.

Here is a brief description of what will occur:

1. The Judge will appoint an attorney to attempt to locate the father of the children. This will probably take a couple of months. Hopefully the Judge will have the attorney's fees paid out of the county proceeds. However, the Judge might want you to pay this expense.

If the father is located, he has the right to contest the termination. It is possible that a trial could be held on this termination.

2. There will be a social study done. You will have to pay for this study. The cost is approx. $200 but don't hold me to that figure.

3. There will be an attorney appointed to represent the children. You will get to pay for this attorney. How much this attorney charges is up to the Judge. This attorney will meet with the children as well as you and your husband.

4. The father's rights must be terminated first.

5. If done properly, immediately after his rights are terminated the Court will hear the step-parent adoption.

If you live in the Houston area, I offer a free consultation.

Let me tell you my horror story about termination and step-parent adoptions. Many years ago, I represented a child on the case pro-bono (free) for almost 3 years! I finally told the Judge that I hoped this case would end before the child turned 18 or I retired!

Best of luck to you!

Re: ''adoption''

I suppose you could do it yourself, but if I were you, I wouldn't. This is a very technical area of the law, and you want to dot the i's and cross the t's in case the biological father ever shows up and tries to jump back into the kids' lives. A properly done adoption also can be important for testamentary purposes.

Re: ''adoption''

By all means, hire an attorney for this. You have probably read about cases where biological parents later challenged an adoption. You do not want to be in this situation; it would be prohibitably expensive.

In order for your husband to adopt the children, the former husband's rights MUST first be terminated. The U.S. Supreme Court has held that parental rights are constitutionally protected. For example, if your former husband wanted to contest the termination and could not afford an attorney, then the judge would have to appoint him a free attorney, just like in a criminal case. Contested terminations are extremely tricky, as are any lawsuit where you are not able to properly serve the other party with the lawsuit.

If you follow all of the procedures carefully, then a termination/adoption should be binding; you don't want to make any mistakes.

If you have any questions and you are in the Austin area, you may call my office for an appointment.