Legal Question in Family Law in Texas

I have a five year old son whom has no father on his birth certificate although i know who he is, but he has never seen my son nor has he ever paid child support. He was in prison when he was born and i married my husband when my son was ten months old. I requested to my sons bio father that he not contact me to just let my husband raise him as his own and he has honored my wishes. I have spoke with him recently about my husband adopting him and he does not agree of course, but my question is if i do not go through with the step parent adoption what are some other options that i would have to insure the well being of my child if something were to happen to me? I would like to insure his father cannot take him from my family?


Asked on 2/12/14, 5:31 pm

1 Answer from Attorneys
James Bayles The Bayles Law Firm

The step parent adoption is your best option, based on the limited information provided. An adoption attorney in your area would be able to handle the adoption for you. If the birth father has not been adjudicated as the father and has never seen the child it would not be difficult to complete the adoption If you were married to him when you conceived then you may have a little more trouble. Good luck, and if your son sees your husband as his father then I would strongly advise that you find a local attorney and do the adoption.

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Answered on 2/13/14, 1:19 am


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