M Elizabeth Gunn Galveston Criminal Defense Attorney
Posted about 14 years ago.
"Her step-Father now would love to adopt her, but that would require her bio-Father to give up his rights."
Not exactly. Stepparent adoption would require the court to decide to terminate his parental rights. That's certainly easier to do if the biological parent agrees to relinquish, but that's not the only way terminations happen, and grounds such as abandonment and failure to support can be used to support a termination action, if overall it appears that termination would be in her best interests. If you don't know where he is now, that could be a bit of an impediment, but odds are he could be found eventually (try a PI). If you really can't find him, the court will appoint an attorney ad litem to represent his interests, but you'd have to pay for that, and it really is better to find him up front--courts are typically very reluctant to terminate a parent's interests without them having the chance to say their piece in court.
As far as your legal ability to move out of state, tabs going to depend on what your SAPCR order says. It may have a geographic restriction as to where your daughter must reside, and it may not. If it does, you're going to have to either locate her father and get his consent, or go track to court and ask that the restriction be waived (which probably wouldn't be an issue if he's not visiting her anyway). You would again be expected to do your best to notify him, but for those purposes, I believe that if he's chosen not to update his address with you and the court, all you'll be expected to do is show you attempted notice at his supposed last known address.
Asker
Posted about 14 years ago.
My daughters Bio Father had many mental issues which the court felt was the concern. This is the reason for the supervised visitation. He never attempted to go through the court appointment process to see her ever again. My daugter feels safe and happy in her life now. So this does pose another question in regards to the fact that I have no idea where he is even located. I do not have a phone number either. So what steps legally do I need to take to move out of state with my daughter ?
Her step-Father now would love to adopt her, but that would require her bio-Father to give up his rights.