[eliza_e03]

My baby's Father is not on b|c and we just went through assault while I was preganant which he got declared not guilty. He has told me he'll have rights as soon as he's out of jail. Hes there for four years and has two left for Aggr. Assault to someone else. Could my fiancée adopt without having to tell her actual dad or would thatg be a problem? Are his right terminated ? Does he have rights at all? I live in Texas and my daughter is 19 motnhs.

[JudyKayTee]

The child can only be adopted by your HUSBAND with the consent of the birth father. That would probably involved DNA testing to prove the identity of the father and then the father would sign to allow the child to be adopted.

In the meantime - is there a Court order concerning visitation/custody and/or support?

But the basic answer is - no, your fiancé cannot adopt your daughter because he is not married to you.

[eliza_e03]

I meant can he adopt after we get married? And Bio dad is not on the pic. He saw her while in jail couple times but he kept asking me to visit so I would drop the assault charges or to go back with him so I stopped. He doesn't have any court related papers at all. Does he still have rights? Like I aid he is still in jail.

[cdad]

i meant can he adopt after we get married? and Bio dad is not on the pic. He saw her while in jail couple times but he kept asking me to visit so i would drop the assault charges or to go back with him so i stoped. He doesnt have any court related papers at all. Does he still have rights? like i aid he is still in jail.

Yes he still has rights and all he needs to do is take you to court to enforce them. In general you must be married for more then 1 years time and you must seek the bio fathers permission to do an adoption.

[eliza_e03]

Thank you. This sucks because he has never been really there for her at all and to know he has rights even though he's no there makes me mad

[AK lawyer]

i meant can he adopt after we get married? and Bio dad is not on the pic. He saw her while in jail couple times but he kept asking me to visit so i would drop the assault charges or to go back with him so i stoped. He doesnt have any court related papers at all. Does he still have rights? like i aid he is still in jail.

I believe that Texas law allows for the termination of his rights for a step-parent adoption, but he has the right to be notified of the adoption. Sec. 162.001 of the Texas Family Code, as I read it, indicates that the child must have lived with you and your fiancé for at least one year, and that you are marred to him at the time the adoption petition is filed.

[ScottGem]

thank you. This sucks because he has never been really there for her at all and to know he has rights even tho hes no there makes me mad

You may find this harsh, but you have to remember that YOU made the decision to have sex with the father. I'll assume you didn't plan on having a child with him, but every time you have sexual intercourse you risk having a child. So you made the decision and you AND your child have to live with that decision.

What really "sucks" and makes me mad is people who have sex for recreation without regard to the fact that it may result in a child. Especially people who then talk about what a horrible person they had sex with.

But, as AK pointed out, you do have options here. Given the father's criminal record, once you marry and satisfy the requirements, TX law may allow you to get the adoption over the father's objections. You need to get an attorney to prepare the adoption petition so you should start shopping around for one now.

[Synnen]

Do you know WHY he has rights even though he's "not there for you"?

It's to protect YOUR rights as well!

Otherwise, all I would have to do is take your child away from you, keep the child hidden for 2 years or whatever, say that you weren't there for the child (even if you WANTED to be, you weren't there) and adopt the child, terminating YOUR rights without YOUR permission.

You have a child. You had SEX with a JERK to conceive the child. What does that say about how smart YOUR choices are? It makes you sound like an idiot to me! Why should we let idiots raise children?

So--in protecting HIS rights and keeping you from taking away HIS child, the law is also protecting YOUR rights by preventing people like me from saying you're an idiot that makes unhealthy choices that impact your child and therefore you should lose rights as well.

Think about THAT every time you want to write away your past as if it didn't happen.

PS--no judge is going to give a permanent legally binding relationship to your child with some guy you're shacking up with. If he's "worthy" of a legal, permanent relationship with your CHILD, don't you think YOU should have a permanent, legal relationship with him first? LIke... MARRIAGE?

[Fr_Chuck]

He has rights for the same reason that you have rights, because you are the parent, he is the parent also, not because he is a good one but because he is the father.

He will have rights to visit the child if he files for visits