Legal Question in Family Law in Texas
I have a 1 yr old son, his real father has never been in his life, but I gave my son his last name because I thought he was going to be in his life. Im now married and my husband has been in my sons life since day one. He is the only dad my son knows. I need to know how I go about changing my sons last name and how do I get the adoption started for my husband to adopt him? His real father is willing to sign anything to get my sons name changed.
2 Answers from Attorneys
Based on what you have written, it appears that you may want to consider terminating the biological father's rights and proceeding forward with a step-parent adoption. There are some items which to consider when taking on this type of action. First, will the biological father agree to sign over rights or will the biological father fight of his parental rights? Second, does either the biological father or step-father have any criminal history? Third, why does the biological father want to surrender or terminate his parental rights? These are just a few of the questions which will need to be answered prior to starting this legal proceeding. You will definitely need a local law firm to assist you with this matter. You may visit our website http://www.thebrashearlawfirm.com or contact our office at 281-994-4034 for more information on termination of parental rights and step-parent adoptions.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
This should be an easy process if the biological father is willing to sign the necessary relinquishment form. I have handled many such cases and can asist you and your husband. I am a board certified specialist in the field of family law practicing in the Houston area. I would be glad to discuss the steps you would need to take if you would contact me directly at 713-600-5500.
Bruce C. Zivley