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I have some questions about an adoption process. Texas. My…

Hello I have some...

Hello I have some questions about an adoption process

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

My situation is complicated

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm legally married still and was when my second kid was born and therefore the bio father isn't listed on birth certificate and he hasn't seen or anything since she was 5 months old. He does pay child support only because we have a mediation agreement thru the state of Virginia but money comes to me thru money gram not thru the state. My fiance and I are wanting him to adopt her and I'm needing to know if he can without the consent of biological father who in the state of Texas doesn't have rights to her because of the legally being married. I'm needing help please

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Customer reply replied 4 months ago
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Answered in 3 minutes by:
4/15/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,057
Experience: Experienced Family Law Attorney
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Normally the presumed father is the husband at the time of conception so that is the party that would be required to consent to adoption. However the presumed father is merely a rebuttal presumption so the actual biological father may petition the court to ita in a paternity order and if the court grants this then that parental consent would be required for the stepparent to adopt the child.
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Customer reply replied 4 months ago
I know my legal husband will sign his rights over with no issues, and once he has then can my fiance adopt her without any problems?
unless a biological father challenges the adoption by either intervening in that action or filing a paternity suit to establish paternity.
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Customer reply replied 4 months ago
if biological father is paying support under the table kind of way will that effect anything?
Not generally other than to be used as proof that there is a reasonable belief that he is the bio father which allows the court to determine the paternity issue if a petition is filed.
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Customer reply replied 4 months ago
Thank you so much for your help! I think you have answered all my questions.
You are most welcome. Thank you and take care!
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,057
Experience: Experienced Family Law Attorney
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