My childs biological father has recently started paying child support $200 a month after 3 years of her life and has supervised visitations every other month for 4 hours. i want to change her last name to my last name and he wont sign the papers. he has a history of mental illness and depression and bi polar dating back to when he was only 7 years old. she doesnt know him other than the few visits she has had so far and doesnt know hes her father. he does drugs and is in and out of jail and i just want him to go away. My husband now, is her father figure and she thinks hes her real dad.
There are many excellent family law attorneys on this website. Look around & hire one. You need an experienced attorney to guide you through this process.
Now that you are married you have an excellent opportunity to pursue an termination/step-parent adoption in the Harris County Family Law Counts. It is 2 lawsuits that are combined into one. It is a slow process if the bio dad won't cooperate.
There are many hurdles to "jump" so you need an experienced attorney to guide you through this maze. There will be a social study of your home - just like you are adopted a brand new baby & the new potential daddy will have a criminal background check. There will be an attorney appointed to represent your child's best interests.
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Employment / Labor Attorney
The easiest path is to have the father voluntarily relinquish his parental rights but it sounds like that is not likely.