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    acantu4's Avatar
    acantu4 Posts: 2, Reputation: 1
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    #1

    Jun 21, 2011, 09:22 AM
    Adoption
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 21, 2011, 09:44 AM

    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?
    acantu4's Avatar
    acantu4 Posts: 2, Reputation: 1
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    #3

    Jun 21, 2011, 09:57 AM
    Texas.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 21, 2011, 10:19 AM
    Quote Originally Posted by acantu4 View Post
    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
    ."
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 21, 2011, 04:05 PM

    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 21, 2011, 06:29 PM

    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

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