Legal Question in Family Law in Texas

Can my husband adopt his step-son?

I had two children from a previous marriage. Now I have been married to someone else for 12 years now. My second son who is now 13 just asked my husband if he could adopt him. His father sees him one week during Christmas break and up to 4 weeks during the summer because he stays in Missouri. I asked him before if my husband could adopt him and his father said no. Now that my son wants the adoption to take place? Can he go to court to voice his opinion to the judge and have his father forced to give up his parental rights? My son will still go and see his biological father during those times because my oldest son stays with him and he will want to see his brother. Can we adopt with my consent, my husband's consent, and my second son's consent, and not the biological father's consent?


Asked on 3/26/03, 7:23 am

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Can my husband adopt his step-son?

Before an adoption can take place, the parental rights of the biological father must be terminated. Termination of parental rights is the "death penalty" of family law and is difficult to have granted over the objection of the party whose rights are being terminated, absent atrocious facts. A child who says he wants to be adopted is not enough.

http://www.reasonable-doubt.com

Read more
Answered on 3/26/03, 2:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas