I need help with the rules of step-father adoption when the biological father has not seen the child in a year

Question

My husband and I have been married for two years. I have a daughter from a previous marraige, and she knows my current husband as 'Daddy'. Her biological father has no interest in her, and does not call, or see her or anything. The state takes child support from his employment, but he is almost $2000 behind (only has to pay $210 a month). How long does a biological parent have to be gone with no contact for the state (Texas) to consider it abandonment? Is it still abandonment if I get some child support? About how long does an adoption take? About how much should it cost us?

Answer 1

As long as he is paying support, even if garnished, it is not abandonment. You'll have to get him to sign the papers relinquishing parental rights.  If he has no interest in the child, he'll be thrilled since support will stop.

You need a lawyer to complete an adoption. It is not a do-it-yourself project.

Answer 2

Here in Wisconsin, the parent who is there, has to apply for the other's parental rights to be taken away.  Sometimes the court will take into account that the father is not around, and has not seen the child in a year..but be careful...the father can be a stinker about it if he wants to.  I don't think it can be considered abandonment because you are getting some child support...

Sorry.......

Good Luck

Momma P

Answer 3

If he pays support...in rears or not it's not abandonment. If you really want him out of the picture he has to relinquish rights. And IF he is the deadbeat dad that you make him out to be he'll be glad to relinquish for the sole purpose of not having to pay child support. But there is NOTHING YOU can do to take away his right to be a father to his child, he has to give that up.

Answer 4

As long as he is paying child support it is not considered abandonment, even if he is behind. You would have to take this to court to have his rights taken from him. In a case where there is no abuse by the biological father, you have an uphill battle. The state does not take away the parents rights like this on a whim.

Now if he wants, to get out from under the child support he may voluntarily give up his rights. You have to understand that if you go to court to have this done you will lose any monetary support that he may be giving you.  

Check with an attorney to get ALL the in's and out's. Sometimes this issue is not up to you or him, but the State.

Answer 5

It will never be called abandonment... do you want the new father to adopt the child - is that what this is all about?   All you have to do is talk to the EX - and tell him all the child support will be forgiven if he agrees to it - and then your new husband can adopt him.

ORRRRRR you can do what I did.   Whos last name does this child have?  is this one of your major concerns?  If it is your maiden name -  you can go for a change of name -and have the child have the same last name as you now - I did and won.  and, the dad still had to pay his child support!

Answer 6

I know others have said it already but as long as he is paying even from the garnished wages and even though he is behind he is not considered to abonded the child.  He  will have to sign away his rights and you stop the child support order for your husband to adopt

ETA

You might want to rethink this.  I read your other questions. If you divorce and your husband has adopted you can't go back and put his bio father on the hook. Your husband is his dad and he can even fight for custody and visitation if he wants and he will have to pay the support

Answer 7

You'll need to consult a lawyer in this one as different places have different laws.

In ontario, after 6 months has elapsed with no contact (regardless of child support) the parents rights can be terminated

If the natural father agrees, it could be a very simple process that won't require a lot of money.