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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102600
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter had a child 5 years ago. She was born in oklahoma,

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My daughter had a child 5 years ago. She was born in oklahoma, the father said he was not the father, never contibuted child support, saw the baby once. My daughter moved to texas when the baby was almost three. She got married and husband is wanting to adopt the child. My question is what is the process? Does the biological dad ( NO DNA TEST and NOT ON BIRTH CERTIFICATE) have to be notified? Do we file for child abandonement? The bio dad has a suspended sentence for drugs...I think that five year thing is over (deferred sentence). He threatened my daughter the first and only time he saw baby, that if he ever had the child, my daughter would never see her again. We are worried he would do just that...please help...
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

Can you please confirm that the daughter and her child now live in Texas? How long have they lived there?

Did she live together with the father at the time of consummation? Before or after? When she gave birth?
Customer: replied 5 years ago.
yes my daughter lives in texas and has for almost three years. She stayed with the father of the child when conceived...aproximately 3-4 weeks later (nov of 2006) my daughter called and had us come get her because when he found out she was pregnant...he left her alone without food in the house for over a week. There was no contact after, she lived with her grandmother and myself. We took her to all drs visits and to the hospital when the baby came. My daughter had an emergency c-section, I was with her the whole time. When we got to the nursery, this man showed up, took a photo and left. He then came to MY home, threatened to take the baby (said we would never see baby again) I showed him the door. He called my daughter and told her he wanted to buy the baby some diapers...never did...found a new girlfriend...they had a baby together, then they separated... The bio dad has never held down a steady job...unless you consider drug dealing.
Expert:  Ely replied 5 years ago.
Thank you.

Under the Tex. Fam. Code Section 160.204, he still does not fit the definition of a presumed father. But he can always file for paternity. What do you wish to accomplish here?
Customer: replied 5 years ago.
my daughters husband wishes to adopt my grandchild, if he does not fit the def of a presumed father (my daughter is certain he is) what are the steps to be taken to proceed in an adoption. Will he still need to be notified? If he has to be notified, does he have to do a dna test to sign over his parental rights? can he just sign over rights even tho there is no dna...they want to do this right, so that he can't come back later and change his mind.
Expert:  Ely replied 5 years ago.
Ah, thank you. Technically speaking, he does not fit the Tex. Fam. Code's Section 160.204 definition of a presumptive father.

However, if she knows or has reason to suspect reasonably that he is, then she is obligated to serve him before having her current husband adopt. She'd have to terminate the x's rights and then to have the husband adopt the child. There is no case law on point that I can find that specifically states that if she knows the father, she has has to serve him, but the Court would almost certainty that he would be allowed to demand visitation, at least, even if the boy is adopted. See TWE v. KME, 828 SW 2d 806 - Tex: Court of Appeals, 4th Dist. 1992.

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