Legal Question in Family Law in Texas

stepchild adoption

My husband has raised my child with me since he was 2, he is now 14. He has wanted to adopt my son for a long time. my sons biological father popped in and out of my sons life 1 or 2 times a year until he was 6, in which time he went to prison for 5 years when he got out in may of 2005, he waited until august of 2005 to come by and see my son, at which time my child was 12, he made loads of promises to my son, he left and we have not heard from him since, almost 2 years. he has never payed child support, he has never been around for more than a couple of hours. We have asked him to sign over his rights, which he would not. He no longer lives where he did when we last heard from him, we can't find any phone #'s on him. We wanted to ask him again to sign over his rights, but am unable to locate him. Bringing me to the question is this abadonment, and could we do the adoption on abandonmet? My son really wants his stepdad to adopt him because truly he is the only dad he has really ever known.

Thank you


Asked on 7/25/07, 1:04 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: stepchild adoption

You would have been better off to try to take his rights when he was around. You cannot take his rights (termination) without legal notice to him to give him an opportunity to contest. Now, unless you can find somebody that knows where he is, you will have to serve him a copy by publication in the newspaper. This costs $650 in Houston. You will also have to pay for his attorney in his absence to represent his interest before the court. This costs $750 in Houston. So, the expenses are now 1,400 before you even file the adoption and pay your attorney. Why pay his attorney? Because he is a necessary party for the termination of his parental rights. Good Luck.

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Answered on 7/25/07, 2:47 pm


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