Legal Question in Family Law in Texas
Texas Stepparent Adoption, Bio Dad in Prison
My husband would like to adopt my 4 year old daughter. I would like to know if 1.) We can do this ourself through the county courthouse without a lawyer 3.) Do we need the bio dads consent in our situation and 2.) What is the best way to start this process?
The situation is this: The bio dad is not on the birth certificate, my daughter currently has my maiden name. My husband and I have been married for 2 1/2 years and he is the only father she has known. The bio dad has been in prison for almost 2 years....drug related charges. He has only seen her 2 times in her life, has never given me any money or support. Has never given her a gift of any kind. I wrote him a letter in prison asking him if he'd give up all rights to my daughter so that my husband can adopt her. He wrote back stating that he would, that he knew it was in the best interest of my daughter. Can he be served papers in Texas prison? Does he even need to be notified, since I have a written note from him?
3 Answers from Attorneys
Re: Texas Stepparent Adoption, Bio Dad in Prison
You can do this job yourself - if you know how. The forms are available at the county courthouse in the law library - if they are current. I do these types of adoptions all the time. My fee is $1495 and I will accept payments. Contact me if you want my assistance. Good Luck
Re: Texas Stepparent Adoption, Bio Dad in Prison
You cannot terminate the bio dad's parental rights without giving him proper notice in jail. Since he is willing to consent, you need to have him sign a "Relinquishment of Parental Rights." There is no rule that says you have to have a lawyer, but you don't want to make a mistake and have the whole thing found invalid in later years. It is worth it to pay someone who knows how to do it right. If you would like to consider hiring me, feel free to call my office at 210-655-9090.
Re: Texas Stepparent Adoption, Bio Dad in Prison
Given that you are asking the questions you are I dont think that you will be able to guide yourself through the termination/adoption process without an attorney.
To answer your questsion in general: Yes you will need to have bio dad's consent or get him served "formally" (what you did before doesnt count as service) Not a difficult process if bio dad cooperates.
Good luck
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