My husband would like to adopt my oldest daughter and give her his last name. She is 4 and her biological father has never been involved, neither is he on her birth certificate. I was still pregnant when he walked out.
Without knowing the ends and outs of the case, in order for an adoption to occur, generally, the biological father’s parental rights must be terminated. There are two ways in doing so: (1) Voluntarily; or (2) Involuntarily. The first involves when the bio father signs documents voluntarily relinquishing his parental rights. The second involves when the court does it without his permission. In either case, it requires specific procedures that should be handled by an attorney that knows the Texas Family Law Code.
The process is substantially the same whether the biological father has been involved or not. You would hire an attorney to prepare, file and prosecute a Petition for Termination of Parental Rights and Step Parent Adoption. Your husband will need to submit to a criminal background check and the Court can be expected to appoint an ad litem for the child. You will be responsible for the ad litem's fees.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
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