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I was granted Sole Managing Conservatorship. I have gotten married again, how can my husband adopt my son?
Anonymous6 views3 answers
My son is 4 years old and he recognizes my husband as his father. I do not know anything about my son's biological father. He is an illegal immigrant that might have moved back to his native country.
Eric Stephen LafleurDivorce / Separation LawyerPlano, TXTX licensed ·
The first step will be to file a petition to terminate the biological father's parental rights. The Family Code (Sec. 161.001) lays out a lot of different grounds on which you can pursue a termination. The one(s) most likely applicable to your situation would be that the biological father has failed to provide support to your son for an extended period of time.
Even if you don't know where the biological father is, some attempt will have to be made to give him notice of the suit. The court will appoint an attorney to represent him to make sure he really can't be found but, if he can't, that won't stop the termination suit from going forward.
With his rights terminated, your current husband should then be able to adopt your son. The process is a complicated one, and you'll definitely need an attorney to help you navigate through it. But, if you've all been living together for an extended period of time and your son recognizes your current husband as "dad", then in the end there should be nothing to stop the adoption from being granted.
Eric is right. You can file the termination and adoption cases together, and the rules are relaxed for your situation. It is much more streamlined than your usual adoption case.
HIre a qualified lawyer and you won't have any problems.
You can file a petition for termination based on abandonment and failure to the support the child. Unfortunately, it may take longer than you would like as you (or an attorney appointed by the Court) will have to locate the biological father so that he can be served with the petition for termination. If you haven't heard anything from him in years, then I strongly recommend that you move forward. You have a good case but contact an attorney who handles adoptions in your area.