Legal Question in Family Law in Texas

no sign of bio-dad since born, new dad wants to adopt

Mother of 4 year old. No sign of dad after birth of son. Have been married going on 2 years. Husband wants to adopt son before he starts elementary next year to ease complications if done later. Have not put child support on bio-father. He has made no attempt to see son. What do I need to do?


Asked on 8/22/01, 3:50 pm

3 Answers from Attorneys

Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: no sign of bio-dad since born, new dad wants to adopt

Your husband can only adopt if the biological father agrees to terminate his rights as the father.

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Answered on 8/22/01, 5:11 pm
Joshua Wintters Law Offices of Joshua Wintters

Re: no sign of bio-dad since born, new dad wants to adopt

Hello there -

With respect to the child's father, you more or less have three options. 1) You can leave things as they are. 2) You can seek responsibility from the father -- support obligations (future and retroactive) and health insurance. or 3) You can seek termination of the father's parental rights. Termination is a very technical process and requires intense knowledge of the law in the area to be done properly, but it appears here that you have legitimate grounds for termination. Also, the father may agree given the fact that if his rights are terminated, he no longer has a support obligation. If the father does not answer or appear for a termination suit, his rights can also be terminated that way. If you wish to pursue such an avenue, I would be happy to help you in any way I can.

Should you have further questions or wish to consult with me, please feel free to e-mail me at: [email protected] or call 254.756.5004 All the best, jW

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Answered on 8/22/01, 6:09 pm
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: no sign of bio-dad since born, new dad wants to adopt

You need to do a termination and step parent adoption. Although it is possible to do yourself, it is complicated and I would suggest an attorney be used because the last thing you want is it to be done incorrectly. You will need to pull the biological dad into this case somehow, or serve him by publication if he cannot be found. I hope this helps.

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Answered on 8/22/01, 6:14 pm


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