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smcgovern2010 · Nov 13, 2010, 06:46 AM

Can this be done in the state of Texas and how do I help her get this? He has had nothing to do with them and is now remarried to 3rd wife with child. She wishes to be adopted by her step-father. Her father was physically and emotionally abusive to her and her brother. He lives in Ohio and we live in Texas. What are the steps I take to file this on her behalf?

Fr_Chuck · Nov 13, 2010, 06:53 AM

1. if he has nothing to do with her, how is he abusive ?

2. if he lives in another state , how often does he visit, how often does she travel up there

3. is he paying his court ordered child support ?

Basically you hire an attorney who will send the bio father forms for him to sign that will sign away his rights to allow for the adoption.

smcgovern2010 · Nov 13, 2010, 07:05 AM

1. They refused to go back 3 yrs ago which was the last time they were there. He has not asked for them since I feel is because he knows what he did. He has not called them since or send letter or cards even.
2. We were never married so there has never been visitation done other than I allowed him to see them for 2 months during the summers which stopped via him and kids.
3. Yes he had child support order done in Ohio when I moved back home to TX 8 yrs ago. $50 month for 2 children. But he pays $10 a week.

Guess my question is can I file myself. We don't have money for an attorney.

ScottGem · Nov 13, 2010, 07:07 AM

You are looking at this from the wrong angle. What you and your daughter wants is for her step father to adopt her.

As part of the process of that adoption her father will need to relinquish his rights. So you engage an attorney to prepare the adoption paperwork. As part of that paperwork, the attorney will prepare the relinquishment of parental rights.

If he refuses to sign, then you may have problems getting his rights terminated. However, if you point out that this will end his support obligation he may agree. You really want an attorney to do this to make sure its done right. Shop around for one.

You may be able to do this yourself, I would check with a local law school to see if they have a clinic to help you prepare the paperwork.

Fr_Chuck · Nov 13, 2010, 07:34 AM

I will note that the adoption process is very complicated, and if anything is done wrong, years from now it may turn out not to be valid ( lets say a dispute over an estate)

Also the process to allow him to give up his rights ( if he will sign) is complicated.

If he will not merely sign his rights over, then there is almost no way to do it yourself.
But to be honest even the ones of us who know the law, would not do it ourself,
1. we get to personal and emotional over it and often forget because of it
2. one error, can get it all though out.
3. it will many forms, and filings, I would be surprised if it is not 40 to 50 pages before you are done. One error can get it all kicked out to be refiled.

I had a divorce with child custody a couple of years ago, while I represented myself in court, I did hire an attorney to do and review all of the paper work, that was cheaper than him representing me in court, but still had him do or review all the paper work,