Legal Question in Family Law in Texas
My daughters husband wants to adopt my grandaughter, My grandaughters last name is that of her biological father but his name is not on the birth certificate, What will have to happen for my son in law to adopt my grandaughter
1 Answer from Attorneys
She needs to terminate the biological father's rights prior to consumating a step-parent adoption. Even if the biological father has no presumed or adjudicated relationship/rights with respect to the child, she does not want to look over her shoulder for an attack from the biological father.
She can ask him to terminate his rights voluntarily or she can seek to involuntarily terminate his rights. Either of those actions can be undertaken in the same pleadings as the step-parent adoption.
She will need to hire a family law attorney to do this for her. These are not DIY projects because terminations and adoptions are subject to later attack by the biological parent if all of the formalities are not followed with strict adherance to the law.
If she doesn't think she can afford an attorney, she can contact the Texas Legal Services Center (www.tlsc.org) and they will direct her to an attorney who will handle her case at a significant discount.
Good luck!!