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Almapresiosa · Apr 24, 2011, 07:31 PM

I live in Texas and my daughters father left us before her 1st birthday and only saw her 6 times in a year before he up and left the state.I have a support order in affect and he refuses to work so to not pay the support My daughter is 3 and he does not financially support her or visit with her.He has only called her 3 times in the past 2 years.She has not seen him in over a year. I am recently married and my husband has been raising her since her 1st birthday.He is the only father she knows.Is this considered child abandonement on his part?

Fr_Chuck · Apr 24, 2011, 07:38 PM

So you want your new husband to be able to adopt ? I guess the reason to ask is why ar you talking about abandonement, are you trying to press criminal charges against the ex to try and force him to pay his support or just what do you want to do.

But if you want to have husband adopt, you will need to get an attorney and first try to get your ex to sign over his rights for the adoption.
After that you can try and use this for the reason to allso, but this is never a "done deal" and can vary by judge and if your ex fights it.

ScottGem · Apr 25, 2011, 04:00 AM

Why are you concerned about abandonment? Even if it is abandonment, there is nothing you can do about it by itself.

When first using a site like this, it pays to browse around first. Had you done so,m you might have seen this sticky: https://www.askmehelpdesk.com/family...st-364259.html. Then you might have asked the right question.

So is your question can your new husband adopt your daughter? If so, the answer is maybe. Courts are very reluctant to terminate a parent's rights, but one of the main reasons they will is to allow a step parent adoption. Also the father may be willing to agree since it ends his support obligation.

So what you NEED to do is contact a local Family Law attorney to prepare the adoption petition, which would include either getting the father to agree or forcing a TPR.