my daughter real dad left when she was 2wks old and has never cam back to see her or anything. my daughter now is 4years old and only knows my husband as her dad
we have not seen her real dad anymore. my husband wants to give her his name but i wan to know what can we do
Does she have a living father? If so, will he relinquish his rights? Has he paid child support? Has he endangered the child? Take these answers with a calendar of the interactions between child and biological father and go see a family lawyer.
You're going to have to seek a termination of her father's parental rights along with an adoption by your husband. Unless he'll go along with that voluntarily (and maybe even if he will), it can be a long, difficult process. There's more to it than you might think, and it's something you really do need to have a good family law attorney handling for you. Good luck.
I am an adoption lawyer in the Commonwealth of Pennsylvania. I am not licensed to practice in Texas, or any state other than Pennsylvania. Adoption laws vary significantly from state to state. You are seeking a step-parent adoption, which is the most common type of adoption. The first hurdle in an adoption is to terminate the parental rights of the biological parent. That would clear the path for your husband to adopt your daughter. Ideally, her birthfather will voluntarily cooperate by consenting to his parental rights being terminated. However, all states have procedures in place where the rights of a birthparent can be terminated INVOLUNTARILY in a Court of Law. Based on your question, it sounds like you have a good case to proceed. Your best resource is the website: adoptionattorneys.org. Click on Texas on the map of the U.S. and you will find a list of Texas Fellows in the American Academy of Adoption Attorneys. These are credentialed adoption lawyers who will be able to help you, or refer you to someone who can. I wish your family good fortune in your effort to bring permanency and stability to your daughter.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline