Legal Question in Family Law in Texas
husband adopting my son
My son is 13 months and his bio father has never seen him, never paid child support, his name is nowhere on his birth certificate. My son has my last name. I did file for vhild supoort right after he was born but the state has done nothing to get it, even though they know where he has worked for 3 years. Since I don't recieve any help from him and I am 7 months pregnant with my secong son, my husband wants to adopt my son so we all have the same last name. Since the bio father isn't on the birth certificate or his name has no affilation with my son, he wouldn't have to sign over his rights? Could I just do a name change for my son? Or how would I go about doing this? My only concern is that I did file for child support his name was connected to my son.
1 Answer from Attorneys
Re: husband adopting my son
You really need an attorney, no matter what you do.
It usually takes the AG several (or sometimes many) months to get a new case to Court. If your son is only 13 months old, they just may not have gotten to you yet. Remember, the AG represents the State of Texas, not you. Even if you are going through the AG to establish child support, it's not a bad idea to have your own attorney.
The biological father will have to be part of the adoption; you can't just pretend he doesn't exist. Most Judges will not just let you change the child's name. A good family law attorney who handles adoptions can explain you options and the procedures to you.
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