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What happens if my shusbands adoption of my son does not go through?

Houston, TX |

My exhusband has seen my son every other weekend for 10 years, we divorced when he was 2. He decided he does not want to be "Dad" anymore & wants to terminate his rights & have my husband adopt him so he longer has to pay child support & says he will never see my son again. What happens if the adoption does not go through? If he comes to my house would I have to make my son go with him? Because of all this he never wants to see his bio dad again.

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Attorney answers 3

Best Answer
Posted

I have handled a number of step parent adoptions over the past ten years. They have all been approved, but I cannot recall one where the child and the biological father have as extensive a relationship as here. Most past cases have involved parents who do not have a relationship with the child being adopted, and in most cases the step parent has always been the true "parent" in the eyes of the child. All adoptions require that an amicus attorney be appointed to represent the child. Accordingly, the termination/adoption needs to be something that the child wants. I have attached a link to my website with my contact information. Call me if you want to discuss these matters in further detail.

All answers provided through Avvo are intended to assist in answering simple legal questions and should never be understood to have created or to have intended to create an attorney client relationship between myself and any individuals submitting questions.

Posted

You live in Houston, Texas. There are many excellent family law attorneys in Houston. You need to meet with one in person and discuss all the options. Termination and step-parent adoption cases are complex. The Harris County family court judges don't grant these without a lot of thought. Your son is approx. 12 years old and knows his bio. father. If your son does not want his step-dad to adopt him, then the judge will not terminate his bio. dad's rights.

I've written about this topic on my blog a few years ago. You can go to www.txfamilylaw4u.blogspot.com and read my thoughts on the topic.
Termination is very serious and is something judges don't without making sure the bio. dad is serious and that all the paperwork is completely accurate.

Good luck! Merry Christmas!

Posted

The outcome would be based on what the court would order.
The natural fathers "time sharing or" visitation could be greatly limited or
eliminated and the judge could decide if the child(12 year old) could testify
his feelings or desires in this case.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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