I moved to Texas over a year ago, and we are getting married in a few weeks. My 5 year old son's biological father has had no contact or visitation since I was granted sole custody over 3 years ago in Oregon. The biological father has a history of alcohol abuse and has not held a consistent job in years. He only pays child support when on Oregon unemployment and is in arrears over $1,000.00 for my child. His daughter by another woman is owed over $10,000.00 and has had no contact for as long, even though there is a court ordered visitation schedule. He is consistent in his drinking and marijuana smoking, but not at all with parenting. All I want is for the man who has raised my son for over 3 years to be his legal father in the event that something happens to me. His rites r still intact.
Family Law Attorney
Under Texas law you have grounds to terminate the parent-child relationship with bio dad, then have your husband adopt. It isn't an easy road. You would need to domesticate the Oregon order, then have bio dad served wherever he is, then proceed with the termination here in Texas. If you are able to complete the termination, and that is not always easy, even with the facts you state here, then you can start the adoption process. Bio dad may be interested in not having to pay child support, so you might be able to get him to agree. If he does, the process becomes much easier. This is a very technical process, especially with the domestication of the Oregon order, so you need to make sure you speak with and retain a lawyer who has done that type of thing before. Good luck.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.
Divorce / Separation Lawyer
Once you are married or even before you are married you should consult with a local family law/adoption attorney and go over the process, this is something you should be able to do, the only glitch would be if your ex fights the issue. take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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Family Law Attorney
In Texas you have to obtain the termination of the parental rights of the biological parent before another person can adopt the child. It sounds like bio dad would be willing to sign a Relinquishment of Parental Rights. You need an attorney to prepare that document because it must contain very specific language. Then the attorney would get bio dad to sign it. Then you would file a Termination and Adoption lawsuit. The bio dad would not come to court, you would give the judge the Relinquishment. You must ask the court for an attorney for the child, to order a social study and the adopting parent has to obtain a criminal background check. I would recomment that you hire an attorney to help you complete all nescessary steps to that the adoption can ge granted.
I recommend that you consult with an attorney in your area regarding this matter.