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dbaker853 · Oct 26, 2011, 10:02 AM

I have a problem. My ex lives in California, I live in Texas. My ex has been in and out of jail, on drugs, and he is also Bi-polar, and can be abusive. Last time I spoke to him he was homeless, and stealing and back on drugs even though he is on parole. I need to know what forms I can fill out to have my fiancé adopt my sons because he has been taking care of them for almost 6 years now. Please help! Thanks so much

Wondergirl · Oct 26, 2011, 10:13 AM

How soon do you and your fiancé plan to marry?

AK lawyer · Oct 26, 2011, 10:15 AM

Originally Posted by dbaker853

I have a problem. My ex lives in California, I live in Texas. My ex has been in and out of jail, on drugs, and he is also Bi-polar, and can be abusive. Last time I spoke to him he was homeless, and stealing and back on drugs even though he is on parole. I need to know what forms I can fill out to have my fiancŽ adopt my sons because he has been taking care of them for almost 6 years now. Please help! Thanks so much

Did you post this question a day or so ago? Because it is remarkably similar to one that I answered within that time frame.

Anyway, did you read this thread? If not, please read it.

Your fiancé cannot adopt your child until you are actually married, and in many jurisdictions, have been married for a year. I don't know if Texas courts have "fill-in-the-blank" forms for step-parent adoption (Check the court's web-site.), but whether it does, you and your husband will definitely need the services of an attorney to make sure it's done right.

dbaker853 · Oct 26, 2011, 10:30 AM

We can get a common law license in Texas and that will hold up in court, but we plan on getting married in Aug 2012, which should give us plenty of time to get the necessary paperwork done. I really need to know what the difference would be considering my ex lives in California and I do not.

Fr_Chuck · Oct 26, 2011, 01:19 PM

Texas: calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together

And it would be up to the family court judge to decide if he will accept this to allow the adoption.

But assuming you do this or you get married. You will have to first try and have the bio dad sign his rights over to allow for the adoption. If he will sign, great, all over by the hearing. If he will not sign, you will have to prove to the court with evidence that it is in the child's best interest. So you will need proof of his criminal record, proof of everything you have said about him that can be presented in court