Asked in Family Law, Adoption and Child Custody for Texas

Q: Can my husband adopt my daughter without bio-dad's rights signed off first?

If my daughter's biological father has expressed multiple times (I've saved the messages passed back and forth) that he doesn't want to be in her life or have anything to do with her, and he doesn't pay child support, he isn't on the birth certificate and has never been associated as her father on any legal or medical documents, do I still have to have him sign his rights away for my husband to be able to legally adopt her?

1 Lawyer Answer
Mr. Charles C Guidry
Mr. Charles C Guidry
  • Divorce Lawyer
  • Cypress, TX
  • Licensed in Texas

A: 1. First petition the court to terminate his parental rights on the basis of ? years of not paying child support & lack of being in the child's life.

2. Get a Court Order to terminate the parental right of the biological father and then

3. Petition for adoption.

4 In some cases you may petition for both in the same pleadings.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.