Legal Question in Family Law in Texas

Signing Away Parental Rights

I have a four year old son whose biological father has not been in the picture since our son was 6weeks old. When my son was four months old I started dating a man who I have been dating four the last four years. We intend to get married and he wasnts to adopt my son and my son thinks that this is his father. He has no clue that there is antoher man out there who is his father. Hi biological father has always said he would sign away his rights. How do I get this done without having to go through a lawyer? Can I get a Wiver of Interest form and file it with the local county clerk and this will terminate his rights?


Asked on 1/22/04, 5:17 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Signing Away Parental Rights

No.

You need to do two lawsuits -- a termination of the biological father's parental rights followed by a step-parent adoption.

It is very complicated.

Since the father is willing to voluntarily terminate his parents rights, it makes things a bit easier but you still have many other hurdles to jump.

Of course, you can go to any law library and read about the steps to terminate a person's parental rights and the steps needed to do an adoption.

You will need a social study, an attorney to represent the child's interests and a criminal background check of the potential new father.

I strongly urge you to hire an attorney to make sure that you do everything properly.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 1/23/04, 12:39 am


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