I am married and my husband wants to adopt my children. Their bio dad has not seen them for four years but he still pays child support when he works. Can I file child abandonment so that my husband can adopt my children? If so how do I get started?

You can't get the father's consent to adoption? The specific law concerning under what circumstances a step-parent adoption can happen without the consent of the non-custodial parent varies from state to state. Which state are you in?

Texas.

Texas

Texas statute doesn't allow specifically for a finding of abandonment and a resultiing termination of parental rights (a prerequisite for step-parent adoption) if he has been paying his child support. The only other basis for involuntary TPF would be as follows (basically a catch-all to allow for judicial discretion):


" Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
...
(2) that termination is in the best interest of the
child."

Have you asked him. Adoption will terminate his support obligation. I would think that's a strong inducement to allow the adoption.

But, as AK points out Texas law isn't very flexible on this.

First he has not abandoned the children he pays his support, he merely does not visit.

Next you don't file abandonment, you use it as a reason for your court motions ( but you don't have that as a reason)

You will have to try and get him to sign his rights over to allow the adoption, he should be glad to since he then gets to stop paying support