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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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Texas Adoption Question Again

Customer Question

My husband and I have custody of both of our granddaughters, the father on the oldest is the legal father of the youngest but is not the biological father. Can we adopt the youngest child and just keep custody of the oldest child. the father may sign parental rights termination for the youngest but maybe not the older child.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
1) For the oldest child, was paternity established? Did the court name him the legal father?

2) Where is the father of the youngest child? Do you have any idea where he can be located?

Customer: replied 8 years ago.
Reply to LawNinvest's Post: For the oldest child they were married and she is biologically as well as legally his child, the second child they were in the process of divorcing, were separated when the my daughter got pregnant, of course we had to stop the divorce until the second child was born, she is obviously bi-racial so he is not the biological dad, the court would not let him waive his rights, we tried, they said some dad was better than no dad, so he is considered the legal father. If we knew then that my daughter could not raise her we would have adopted her then. He has said before he would sign the termination paperwork on the second child if we wanted him to. He has legal visitation rights, and the second child went for a few years, now she doesn't always want to go especially in the summer so we don't make her go, and neither does he. She desperately wants us to adopt her, we had her name changed to ours legally last year.
Expert:  Attorney & Mediator replied 8 years ago.
And is mother willing to also terminate her parental rights to both children?

Customer: replied 8 years ago.
Yes, she is not in a position to ever raise either child. She can't even pay child support, but the court awarded the mother and my husband and I Joint Managing Conservator with us having the right to determine residence. The father has Possessory Conservatorship, and sometimes holds a job long enough to pay child support and sometimes he does not. Right now he is paying. The oldest will be 14 in March and the youngest will be 11 in May this year.
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for the clarificationCustomer

1) The father is considered the father of both children even if he was not the biological father of one of them. So if you wish to adopt both children you will need to get the father's termination of parental rights over both of the children.

2) If the mother is willing to also terminate parental rights, then you can definitely proceed with the adoption. You will first need to have both parent's sign off on the termination of parental rights to submit to the court. Once both parent's rights have been terminated, then the children are free for adoption.

Typically you need an family law attorney experienced in adoptions to prepare the paperwork for adoptions as typically there are no adoption forms you can pick up at court.

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