Legal Question in Family Law in Texas

Adoption by stepfather

I am divorced/remarried with two children. My husband wants to adopt my children. My ex-husband, who has joint custody that has never been exercised, will not consent to adoption. He has never paid the court ordered child support. He has extremely limited contact with the children. What options do I have at this point?


Asked on 4/20/98, 5:07 pm

2 Answers from Attorneys

Leland Ammons Leland Ammons & Associates

Step-parent Adoption

Among the Texas Family Code grounds for termination of parental rights, is the non-payment of court ordered child support in the preceeding six months. So among your options is either enforce support through contempt proceedings or termination of parental rights followed by adoption.

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Answered on 5/10/98, 11:43 pm
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

step parent adoption

Well, there are statutes which claim that non support of a child is grounds for termination of the parent child relationship, it must also be in the best interest of the child. If the parent is capable of paying child support, then this may well not be in the best interest of the child. I would think that initially you would do best by hauling the gentleman into court for enforcement of the child support and the back child support. You should seek legal counsel in the county in which you live.

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Answered on 5/13/98, 1:06 pm


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