Legal Question in Family Law in Texas

Voluntary termination of parental rights

I live in Texas and I have an 8 year old datughter with my ex-boyfriend. Her biological father is currently in a state jail and has not see her since December of 2001 and has not provided any financial support since May of 2006.

I have been married for 4 years now and my husband is the only father that my daughter knows. She has no memory of her biological father. She calls my husband ''Dad'' and he wants to adopt her but I think her biological father has to terminate his parental rights first.

What do I need to do or what direction do I need to go to get this process rolling? Do I need to get an attorney for her biological father to sign over his rights? Is there a form that I can obtain to get him to sign? Would a hand-written letter that her biological father signed agreeing to terminate his parental rights hold up in court as enough evidence to legally terminate his rights?


Asked on 5/06/07, 9:48 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Voluntary termination of parental rights

Essentially you need to terminate the biological father's parental rights and for your husband to adopt the child. A handwritten letter might help but you need a court order to terminate those rights. Hence you need to hire a lawyer.

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Answered on 5/06/07, 11:57 am
James Grissom Law Office of James P. Grissom

Re: Voluntary termination of parental rights

To supplement Mr. Engelke's answer, the termination of the birth father's rights requires a sworn statement. A letter is worthless. If you want to do this job right for your child, see a lawyer. If this is worth doing, it should be worth paying the money to get the job done right.

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Answered on 5/06/07, 12:55 pm


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