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Can a mother of a child ( 4 years old) who is marrying for

the first time acquire adoption...
Can a mother of a child ( 4 years old) who is marrying for the first time acquire adoption papers for the new husband to adopt the child without the legal father relinquishing parental rights? The legal father is paying child support (although he is about 6 weeks behind) and has legal court appointed visitation rights.
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Answered in 1 minute by:
7/12/2013
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

While it is possible that she could get adoption without the biological father's consent, in these situations it's highly unlikely.

ScottyMacEsq :

That is, before there can be an adoption there first has to be a termination of the biological parents rights.

ScottyMacEsq :

Typically it's consensual, but can be "involuntary".

ScottyMacEsq :

But the grounds for involuntary termination are very strictly construed.

ScottyMacEsq :

In some cases, consent is not necessary or proceedings can be started for involuntary termination of parental rights. These cases including situations where:



  • The parent is absent and cannot be found through a good faith effort

  • The noncustodial parent has abandoned the child for more than six months or failed to communicate with him or her for more than a year

  • The noncustodial parent has not paid child support for more than a year

  • The parent is unfit to parent the child because of imprisonment, drug abuse, child abuse, mental illness, etc.

  • The child has been under county supervision for at least 15 months

ScottyMacEsq :

Unless the mother could show any of these situations, she wouldn't stand a chance of getting an involuntary termination of the father's rights (and therefore could not get adoption).

ScottyMacEsq :

And that being said, the threat of "no visitation", particularly when there IS a visitation order, would mean that if she does not comply with that visitation order SHE would be in contempt and could have custody taken away from her (if the court viewed this contempt as serious enough).

ScottyMacEsq :

But in short, no, she could not get adoption papers without the consent of the biological father unless she could show those specific, narrow situations where rights can be taken away involuntarily.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
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