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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My current husband and I have been married for nine years and

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My current husband and I have been married for nine years and my son is eleven. We began dating when my son was six months old. When my current husband entered the service nine years ago he has been the sole supporter of my son. My ex-husband has been sporadically involved in his sons life, but is currently making monthly calls. We are interested in terminating his rights in Texas without his consent and having a step-parent adoption. He has not once paid the total of his court ordered child support and is $40,000 behind. My son has never received a birthday card and one Christmas present since a year of age. My son considers his step-father his father and is somewhat confused by the inconsistency and volatility of his biological father. The adoption has become more important to us because if I were to die (God forbid) my son would be forced to leave the only home he knows. He is also on the autism spectrum, so change in routine affects him greatly. Any help in this area would be appreciated.

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

Please tell me

1 - is there a court order for contact, visitation with the Bio Father?

2 - is he paying child support?

3 - does he still live in Florida?

4 - what information can I provide for you?
Customer: replied 3 years ago.

Yes, there is a court order for visitation. We were in Florida recently and he saw him while we were there. Prior to 2010 he did not make contact with my son for three years. We flew my son to see him in 2010. In the next two years he called one time ( Christmas 2011).He is ordered to pay $496 in child support a month and is inconsistent. (I received $0 this month, $200 last month, and &86 the prior month.) My ex-husband does still live in Florida. I would like to know if we have grounds to have my current husband adopt my son.


Thank you. You don't really need "grounds" per se. If your current husband is willing to adopt your son, then you can file those adoption papers in Texas, where the child has lived for at least the past 6 months.

I suggest that it would be easier if you could get the bio Father on board and have him agree to the adoption, whereby he would no longer be responsible for child support payments and that may be an enticement for him.

You know better than I if he would be willing and if you should try to talk to him about it or just go ahead and file and then have him served.

It seems that if he has not had contact with the child in all that time and only now reaching out that a court may see it in the best interest of the child to allow the adoption.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated..
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