Legal Question in Family Law in Texas

Termination of rights/step parent adoption

My son who is now 6 has not seen or heard from his bio father since he was 1. He has known 1 man to be his father and that happens to be my husband. His bio father has not tried to contact and has not paid any child support. After all of this time I recvd an email from him stating that if I send him a certified letter stating that he will not be responsible for any back child support that he will sign over his rights. Then my husband will adopt him. If I sent him the letter would it be legal? Could I just go to court and have this done because of abandonment? Any help would be greatly appreciated. Thank you


Asked on 1/03/08, 4:20 pm

3 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Termination of rights/step parent adoption

Quite likely, but it would require a lawsuit to terminate parental rights (as you say). However, the effect would be the same. Without a judgment for delinquent child support, you won't get any thing from him anyway. I suggest you see a lawyer and get this started while he is in the mood. An affidavit executed prior to filing the Petition to Terminate Parental Rights would not be effective anyway. See a lawyer and get the job done right. Good Luck.

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Answered on 1/03/08, 4:40 pm
TC Langford Langford Law Office

Re: Termination of rights/step parent adoption

Don't send the letter. Have your lawyer send him the termination affidavit. Your lawyer needs to deal with him on this issue.

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Answered on 1/03/08, 4:40 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Termination of rights/step parent adoption

This sounds like a step parent adoption which is very likely to occur if the biological father will execute an affidavit of relinquishment in regards to the child. It will still need to go thru the Courts, but if the relinquishment is signed and filed the rest of the requirements are simple and the matter can be completed in approximately three months. Call me and I will explain the process and procedures in greater detail.

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Answered on 1/03/08, 5:07 pm


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