Best laywer for termination of birthparent rights & step-parent adoption?
We are about to start the process for terminating my daughter's BF's rights and do a step-parent adoption. Is a regular family practice attorney ok or should we use someone who specializes in adoption? Or?? Thank you for your help!
2008-05-30T08:46:50Z
We live in Texas, my husband would be adopting her (she's 9), BF has had no contact at all in almost 5yrs, all we have is a signed letter written by him that says he agrees to have his rights terminated. AG office knows where he is because they garnish his wages (when he has them). We had the court order done around the time he went MIA.
2008-05-30T09:43:22Z
No no my daughter is only 9, my husband would be adopting her. The TX AG office knows where the BF is but we don't however they will let us know when we pursue this.
Anonymous2008-05-30T09:38:06Z
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Most family law attorneys can handle step-parent adoptions. Unless you can find the birth father this will be a bit more complicated. A simple letter -- especially if not notarized -- will likely be insufficient to constitute consent under the law. You have to anticipate that this will be treated as a contested termination, which can be considerably more complicated and expensive. So do what you can to find birth father & get his consent. He should be happy to do it becsue it will trminate his support.
BTW -- your daughter is married to the putative step-parent, right? Otherwise it won't be a step-parent adoption.
The termination of a biological parents rights is a statutory process, and very serious matter. You did not state if the father is cooperative or uncooperative, that makes difference, both to the process, the court and the statute. If he is uncooperative, your state will specific reasons that alow involuntary termination. I was also not clear whether it is your daughter's husband or your daughter's step parent (that is the step parent you are reffering to). But in most states a step parent has no more rights than a stranger, they are not related by blood. You need a family law attorney experienced in both termination proceedings and adoption proceedings.
You will be fine using an attorney who deals in domestic matters. Given that the adoption is for the step-parent, you don't really need highly specialized legal services.
in case you get a court docket order to alter your son's call, you do no longer want the adoptive mothers and dads' permission. Bio mom signed over her rights while the girls legally accompanied your baby, she is now no longer interior the photograph different than that her call is on the baby's start certifiate. Your husband now has custody. Petition the court docket to alter the baby's final call. sturdy good fortune