Legal Question in Family Law in Texas

custody/adoption question for single mom moving out of state

My fiance is moving from Texas to Nevada with her two boys, ages 8 and 9. The biological father has not had any contact with her or the boys since March 17, 1993. My question is can I legally move out of state and how is adoption possible after we get married? She does not know where to find the father and frankly is fearful of him.


Asked on 6/17/01, 2:17 am

1 Answer from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: custody/adoption question for single mom moving out of state

Answer 1 - unless you are on probation or parole you can move anywhere you like. Answer 2 - once married you can file a suit that terminates his parental rights and adoption at the same time. The problem is you must serve him with the lawsuit. If you cannot find him you must prove to the court that you made a dilligent search and then serve him by publication. This is a case where you will probably need a lawyer. Hire an attorney when you get ready to file. That will probably be in Nevada. Have your fiance look at her divorce decree carefully, you can move but she may have a provision that she cannot take the children out of Texas without court approval. Good luck, things would be alot simpler if you were staying in Texas until after the adoption.

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Answered on 6/30/01, 11:41 am


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