Legal Question in Family Law in Texas

My girlfriend and I will be getting married at the end of the year and I wish to adopt her son. Do we have enough ground to terminate the biological father completely. She has sole managing custody he was stripped to just visitation rights once a month. Not sure if it matters but this was in Fort Bend County

Things against him:

1) Served 5 Years in prison for theft of home

2) Has phone book size background including drugs charges

3) Failed 2 drug tests (WHILE IN PRISON)

4) Hasn't seen or been involved with kid since he was 6 months of age.

5) Never once paid child support since he was ordered. He was over 10K behind when gf knew she would never see it so she relinquished the previous amount while in jail. However he got out of prison may 1st (On Parole). So hes is already 3 months behind already again on support.

6) When her son was a toddler he came to her house to spend a day with the kid. He ran off with her son it took the cops 2 weeks to track him down.(HES A FLIGHT RISK)

7) When her son was a toddler and the baby would cry he would put his feet on back of my gf's back and push her out of bed and say go take care of the kid.

8) he flashes gang signs in photos on face book. (I would never let anyone associating with gangs near any of my children)

9) Her son doesn't know his dad

10) It is surely in her sons best interest they don't see each other in my opinion.

If I can provide proper health insurance and financial support would the courts terminate him. To allow the adoption to begin

Just curious what is a ball park estimate we would expect to pay a lawyer to presue a case like this.


Asked on 6/20/12, 7:12 am

1 Answer from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

I am a board certified specialist in the field of family law, and I would be willing to discuss with you the options you have moving forward. The best chance for being able to accomplish a step parent adoption is to convince the biological father to voluntarily give up his parental rights. If he will not agree to do so, then you need to aggressively pursue child support enforcement against him in order to try to convince him that his safe course is to agree to the relinquishment of his rights. Call me at 713-600-5500 if you care to discuss further what you can do.

Bruce C. Zivley

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Answered on 6/20/12, 7:40 am


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