Legal Question in Family Law in Texas

Stepchild Adoption

My wife ''to be'' has a daughter that is 17. The daughters father has only paid one child support payment in 17 years. He never makes an attempt to see her. Last night she asked me to adopt her after her mother and I are married. I agreed. We know the father will object, but from what I have read, his rights can be terminated based on his failure to comply with his support obligations. Can the daughter make a decision to terminate her fathers rights at age 17? Does she have any say in this matter?


Asked on 8/13/01, 4:25 pm

3 Answers from Attorneys

Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Stepchild Adoption

Simply put, she can't initiate the action, but her wishes and her testimony, if needed, certainly won't hurt your case.

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Answered on 8/14/01, 12:25 pm
Joshua Wintters Law Offices of Joshua Wintters

Re: Stepchild Adoption

Hello --

In Texas, a person's parental rights may be terminated on a number of grounds. Among those are abandonment and failure to support the child for a period of greater than 1 year. It is highly probable that the father's rights could be terminated in this case. After such is done, you could proceed with an adoption of your future step-daughter. In that suit, the primary testimony in your favor would come from the daughter, and her wishes (especially at 17) will likely be the only evidence needed to pursuade the court that adoption is appropriate.

Termination suits are often costly and complex. There are notice provisions that must be met and procedural requirements that must be closely followed. I would encourage you to obtain a competent attorney to handle this matter for you. Costs vary between firms, but expect filing fees to cost around $200 for each case or $250 if filed together (there are advantages and disadvantages to filing separately and together). For your reference, our firm would charge $1250 + filing fees for such a case.

Should you have any further questions or concerns, I will be happy to consult with you at no charge via e-mail: [email protected] or via phone at 254.756.5004 Thanks, and all the best to you in the resolution of this issue.

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Answered on 8/14/01, 5:14 pm
John Pfister, Jr. Pfister & Associates

Re: Stepchild Adoption

As the other response have stated, you can seek termination but this is a costly procedure. You can and should before she turns 18, file a motion to enforce to collect the back child support. You may use this as leverage to get the "father" to relinquish his parental rights.

Finally, once the child is 18 and out of high school, she can consent to the adoption without the father even knowing about the matter. It is then a very easy matter.

Call me if I can be of further help.

John Pfister

972-712-9208

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Answered on 8/17/01, 10:42 am


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