[ADOLORES]

Does my kids father have any rights if I was granted sole custodian of my 4 children? I want to take their father's last name off, I wasn't to terminate any rights he could have. How can I go about? Their biological father left the country about a year ago and has not paid any court ordered child support in a little over a year, has not seen or spoken to his kids since then. Also, my now husband wants to adopt my children, what's the cost to all this and what steps are to be taken in Texas

[cdad]

He still has "legal" rights to the children. In the case of adoption you will have to try to seek him out and get his permission. You will need a lawyer to get all this done properly.

[ADOLORES]

What rights do I have if I was granted sole parental rights? Can I do a name change without his consent?

[cdad]

You will still need to seek his permission. Please do not start new threads if the questions involve the same situation. Just add to the existing one if you have new information or more questions.

[ScottGem]

First there are two types of custody; Physical and Legal. But awarding you custody, even if you got sole physical and legal custody doesn't eliminate his rights.

For a step parent adoption to be granted, you need to obtain the bio father's permission or make a good faith effort to have done so. So you need an attorney. My suggestion is to start shopping around for one. Many will give an free initial consultation. They can give you an idea of what the costs will be and what is involved in getting the father's rights terminated.

[Fr_Chuck]

Agree, you are confusing a legal term "sole" with the bio father not having any rights, this is far from the truth. He would have either legal rights to visit though a visitation order, or the legal right to go to court to ask for one.

His not paying support also does not take away his legal rights, it only makes him liable for legal issues.

To change the children's name, you have to get him to agree. If the new husband wants to adopt, this will be complicated and harder since attempts to find the bio father will need to be made and to have him served where he is at with legal notice.

He may not come back to fight this in court, no one knows but it can be costly.

[ScottGem]

AS FOR THIS PREVIOUS LAST COMMENT, STRONGLY, I BELIEVE THAT ONLY THE PARENT REALLY KNOWS WHAT'S THE CHIL'S BEST INTEREST. I AM IN THE SAME SITUATION, BIOLOGICAL FATHER FLED THE COUNTRY TO AVOID PAYING CHILD SUPPORT & IS COURT ORDERED TO DO SO FOR OVER A YEAR, CALLS ABOUT ONCE A MONTH & ONLY SPEAKS TO CHILDREN FOR NOT EVEN 5 MINUTES. NOW I AM MARRIED TO A WONDERFUL MAN, WHOM MY KIDS ADORE, & HE WANTS TO ADOPT THEM. YES I UNDERSTAND THE PROCESS THAT WE HAVE TO GO THROUGH BUT THE THING THAT REALLY MATTERS IS.... ITS NOT US WHO ARE REMOVING THE FATHER OUT OF THE KIDS LIFE! ITS HE HIMSELF WHO CHOSE TO BE OUT OF CHILDS LIFE & THATS NOT BEING CONSIDERED...OR IS IT???

{MOD Note: The above quote was from a post to a 4 yr old thread from the OP. The post was removed, but I'm quoting the post here since it has info that bears on the question. <>}

First, please don't type in all caps, most find it harder to read and its considered shouting.

Second, yes, the mandate of most family courts is the best interests of the children. However, it is the court that determines what that best interest is not the parents.

Given that he does maintain contact, however little, it is unlikely the court will grant an adoption without his consent. However, if he fled the country to avoid child support, then he may be interested in agreeing top the adoption since that will end his support obligation.