Legal Question in Family Law in Texas

I live in Texas and have s 5 yr old son. Dad isn't involved and there are no court orders for support or otherwise. He never asks for visitation and the times I did try to set up something with him he would not show or came drunk or high. The last "visit" was at our sons first b-day in which I invited him. He signed Acknowledgment of Paternity when our son was born and is also on the BC, son has his last name. I am married and have been since my son was almost 2, my husband wants to adopt him, could we petition for adoption on the grounds of abandonment even without there being any court orders for visitation/support?


Asked on 5/08/10, 3:03 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Yes. You'd file a petition that would ask for (a) termination of the parent-child relationship with the biological father AND (b) adoption by the stepfather. A lawyer will charge you about $5,000.00. This kind of case requires a social study, and an attorney ad litem has to be appointed for the child.

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Answered on 5/13/10, 9:48 am


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