Q: Do I have to travel to California from Texas to request that my sons biological fathers rights be terminated?
He is in prison in California, and my family and I live in Texas. We want my husband to adopt my son, but having to travel back and forth will be expensive and time consuming. Is there a way I can request his rights to be terminated while being in a different state? My sons biological dad hasn't had contact with him since infancy - my son is now 6 years old.
A:
Hello. I'm Jon R. Boyd, Family Law Attorney. Let me see if I can help....
I can't tell from your question - has there ever been a court order establishing parentage/paternity? If so, where?
I need to know whether a court anywhere has ever taken jurisdiction over your child. If so, you may have to get that Court to relinquish jurisdiction/get a court here to take over jurisdiction.
If not, I gather you and your child live in Texas. If the child has lived in Texas for at least the past 6 mos., and if you are filing a new suit, your suit would be filed in Texas in the County in which you and your child reside. You would file to terminate the bio father's rights and have your husband adopt your child.
I hope this helps. This is a fact driven issue and therefore I recommend you consult with a family law attorney who is familiar with interstate jurisdiction questions. If you are located in the N. Texas area, I would be pleased to assist you.
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