Legal Question in Family Law in Texas
stepparent adoption
i divorced from my 1st huspand in jan.94 after my son was born his bioloical father signed some paper work giving up rights to him and in my divorce papers it states the child was not part of the marriage there was no paternity test given .. My huspand now wants to adopte my son we have been together since oct.93 and married since june 95. what we have to do to go through with this? this is the only father my son knows and has ever known. Would we have to have the biological parent sign anything? or should this already be taken care of when he gave rights up to where he has no visitation and not obligated to pay child support?
3 Answers from Attorneys
Re: stepparent adoption
I cannot understand from your post whether your first husband was the biological dad. If so, then you need to determine whether his rights were terminated. If so, then your current husband is free to adopt.
If not, then you must ascertain whether your first husband has ever been adjudicated to be the father (for example, in your divirce decree). If so, then you need to deal with his rights.
You need to talk to a family law attorney because of these issues. You do not want to make a mistake concerning an adoption.
Re: stepparent adoption
Was there ever a court order terminating the biological father's right's? You said he sign over his right's but you still needed a court to terminate them. If this is done, then your husband can now adopt. If not, then first bio dad's right's have to be terminated then adoption granted. Can be done at once and maybe still use paper work the bio dad signed years ago, if you still have.
Good luck
Re: stepparent adoption
I handle many adoptions in the state of TX and throughout the US. If you want my legal assistance in this matter contact me by e-mail.
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