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A little help please

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MomandDad2006

Junior Member
What is the name of your state (only U.S. law)? TX Hello to all who read this.

Im a 24 yr old man and have 2 stepsons ages 5 and 9. I married their mother in 2006. The oldest child's father had agreed to sign away his rights or at least consent to my adopting Adam The youngest father isn't obligated to pay support as my wife never pursued it.

He is in his early 40s late 30s has no job lives with his mom and had a history of drug abuse and alcoholism. I fully understand that I am legally speaking nothing more than a legal stranger. I understand I have no rights or claim to these two boys. I do support them financially and love to do so. I have been there for them consistently the last 4 years. I would still want to do these things if hell froze over and I divorced my wife.

My wife and I have talked to him about his real father, we did not want to lie to the boy about his actual parentage. He knows his name and when asks where he is we don't know what else to say except at home and he is sick. He is sick, has to be, any man at 40 with no desire to support himself and get clean has some issues. My question for you all today is this. My wife has researched some things online and there is a mention of a guardian ad litem. These people talk to the children to determine what the kids want/needs. Well if you ask my stepson he will say I want to see him (him being his real father) how much weight will that have in court? My wife speaks to dad every so often and has told him we would like him to be involved yet he needs to do something with himself that is productive instead of destructive.

Dad is on the BC and signed and AOP at the child's birth. last visit was in early 2006 afterwords he called drunk saying he was on his way to get his son. After that my wife told him to kiss her rear. He has never tried to see him, don't call to even ask. My wife and I have decided to wait to pursue it until after I am out of the military which is about 2 and a half more years, by that time my step son will be 7 years old.. What are our chances if he claims to want to be involved, he doesn't or he done would have been. Its almost like my stepson is HIS possession. Its ok for me to raise him and provide everything for him while he sits around smoking pot and getting drunk but me trying to be legally what I already am is too much for him. What sort of obstacles would we face? Do they want budgets and credit reports? Home study's? How much weight would a 7 yr old have by saying I would like to see my real dad? He would as we have always told him that his real dad loves him and misses him and it seems we have painted him to be a good man and that isn't true, but since Manny is half of him we couldn't show disgust for him. My oldest step son hates him, says that he is a drunk crazy man, he saw a lot when my wife was with this man. We have told Adam never to tell this to Manny and Adam thinks we are lying to Manny.He says when Manny is older he is going to tell him. I understand that this man is dad and I am just a step parent, I understand he doesn't have to consent. I just want it understood that I do have my step sons best interest at heart and I love them both.
 
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MomandDad2006

Junior Member
I have posted here before and was given the statues by a helpful member. I found a lot of things in there but still sort of lost on the details of how this works. Should my wife and I wait until back stateside? I would like to get this done and over with so we as a family can move on. Or should I wait and give dad in the process a couple more years to decide what he wants to do? Manny is just getting older and I don't want anything to confuse or hurt him. If his dad wants to be involved I just damn wish he would be and if not just let me adopt. The man could call or something. this isn't even my biological kid and I am so worried about how he is going to feel either way successful adoption or meeting his real dad, what he may be put through. Man having kids is tough!
 
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MomandDad2006

Junior Member
While cutting, please remove all derogatory explanations about the father. We don't need to know what you think of him.[/QUOTE]

With all due respect I didn't make anything derogatory. I laid out things as they are not as I see them. I feel its most relevant to paint an accurate picture of dad, I wouldn't come here and make anything out worse than it is, its your expertise and knowledge i am looking for. If I were to present anything in a different light than it actually is the advice wouldn't apply. I did call him a piece of crap and I edited that, that is my opinion but that as you said doesn't matter not one iota. Sorry for the novel, can you work with a short story??
 

Silverplum

Senior Member
With all due respect I didn't make anything derogatory.
In YOUR opinion.

In MINE, you were VERY derogatory. And I clearly asked you to REMOVE them.

With all due respect, I'm done here.

MomandDad2006 said:
I laid out things as they are not as I see them. I feel its most relevant to paint an accurate picture of dad, I wouldn't come here and make anything out worse than it is, its your expertise and knowledge i am looking for. If I were to present anything in a different light than it actually is the advice wouldn't apply. I did call him a piece of crap and I edited that, that is my opinion but that as you said doesn't matter not one iota. Sorry for the novel, can you work with a short story??
 

MomandDad2006

Junior Member
Well thanks for dropping by silverpum, I did edit the post. I removed anything that was unimportant, like how much I love the boy and how I feel he doesnt. I gave the facts on how dad conducts his life. If I offended you than I apologize, have a good one
 

MomandDad2006

Junior Member
No Proserpina a court hasn't declared him unfit, if you care to reread my post I have edited it accordingly. I hope that somebody can understand that this is emotional for me to discuss and I do have a lot of anger for my stepsons father.I do not show it when my stepson asks about him but it is hard. All I ever tell him is that he loves him and misses him. I angered some poster named silverlplum, i did edit the post, it anyone finds it derogatory that dad wont work and gets high and drunk very often than I cant help that. Do those things not matter in court???? Really looking for help here and trying not to offend.
 

Silverplum

Senior Member
No Proserpina a court hasn't declared him unfit, if you care to reread my post I have edited it accordingly. I hope that somebody can understand that this is emotional for me to discuss and I do have a lot of anger for my stepsons father.I do not show it when my stepson asks about him but it is hard. All I ever tell him is that he loves him and misses him. I angered some poster named silverlplum, i did edit the post, it anyone finds it derogatory that dad wont work and gets high and drunk very often than I cant help that. Do those things not matter in court???? Really looking for help here and trying not to offend.

So it was just YOU.

Oh.
 

stealth2

Under the Radar Member
Here's how I see it.... Mom has two kids by two (apparently) deadbeat Dads. So... she either has a really bad picker (which makes me wonder about her choice of you), or she actively drives the guys away so that she can play victim/have control/pick a reason. Given that she allowed older kid to bond with younger kid's Dad, and now allows you to bond with both, makes me think it's the latter.

I'd think twice before adopting either one. 'Cause I think you're getting set up.
 

Proserpina

Senior Member
/end melodrama

So.

A 7 year old's wishes aren't going to carry much, if any, weight.

The GAL will of course act in the best interest of the child.

What I'm reading though is that you're really looking for support that we can't offer; if this isn't going to happen for another 2+ years there's really not much we can do in terms of giving you information because quite literally EVERYTHING could change in that time and what you think is relevant today may not be next week let alone next year.

Heck, the law can change in that time and make what we say today completely irrelevant for your needs.

So, my advice is this:

Come back once you're ready to go ahead and attempt the adoption.

By that point, you'll be in the perfect position to get all of your ducks in a row.

I will say one more thing though - if Dad comes back on the scene, and wants to be part of his child's life then this adoption isn't going to happen period.

(Unless he's proven unfit in court, and even then...)
 

mistoffolees

Senior Member
No Proserpina a court hasn't declared him unfit, if you care to reread my post I have edited it accordingly. I hope that somebody can understand that this is emotional for me to discuss and I do have a lot of anger for my stepsons father.I do not show it when my stepson asks about him but it is hard. All I ever tell him is that he loves him and misses him. I angered some poster named silverlplum, i did edit the post, it anyone finds it derogatory that dad wont work and gets high and drunk very often than I cant help that. Do those things not matter in court???? Really looking for help here and trying not to offend.

Then stick to legal questions.

The root of the issue is that while you don't like the father, he's not unfit in any legal sense (at least, not from anything you've given). You will therefore need his permission to adopt - which he's not likely to give, after seeing your attitude.

Here's how I see it.... Mom has two kids by two (apparently) deadbeat Dads. So... she either has a really bad picker (which makes me wonder about her choice of you), or she actively drives the guys away so that she can play victim/have control/pick a reason. Given that she allowed older kid to bond with younger kid's Dad, and now allows you to bond with both, makes me think it's the latter.

I'd think twice before adopting either one. 'Cause I think you're getting set up.

I agree. Looking back, I'm glad my ex-SD's father wouldn't let me adopt them (he would have if we had let him continue to pretend to his family that he was a great dad). I would have ended up supporting the kids - even after I divorced their mother and she poisoned them against me.

There's nothing that prevents a step father from doing all the things a father does - love the kids, spend time with the kids, support the kids both emotionally and financially. You don't need to adopt them for that. There just aren't any really good reasons to go through adoption - and some very good reasons not to.
 

garrula lingua

Senior Member
Various code sections that may apply:

Chapter 162 of the Texas Family Code concerns adoptions:

162.005 Summary: fact that Petitioner is a member of the military cannot be considered by court or social study/home screening, as a negative factor.

162.009 Court can't grant Adoption until child has resided with Petitioner for not less than six months.

162.016 Adoption Order: If Petition requesting termination has been joined with Petition requesting adoption, the court shall also terminate the parent-child relationship at the same time the adoption order is rendered. The court must made separate findings that the termination is in the best interest of the child and that the adoption is in the best interest of the child.

Termination of Parent -Child Relationship:
161.001 Involuntary: Court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:

(1) That the parent has:
(a) ... (b) ...
(c) voluntarily left the child alone or in the possession of another without providing asequate support of the child and remained away for a period of at least six months. (d) ... (e) ...
(f) failed to support the child in accordance with the parent's ability during a period of one year ending within six months of the date of the filing of the petition.
(k) executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by this chapter.
or:
(2). that termination is in the best interest of the child.

see also, 161.002 Termination of the Rights of an Alleged Biological Father, and 161.003 Involuntary Termination: Inability to Care for Child

I've seen some lulus re terminations in Texas (buried in divorce decrees, filed separately, without the GAL or Petitioner's attorney checking the Registry or the Bureau of Vital Statistics for an AOP & some errors (bio-Dad was paying c/s & child was adopted without Dad knowing -- wow - easy step-parent adoptions).
OPs, I was shocked when I first noted how many terminations in Tx go through without the Judge blinking an eye. But, after several years, I admit I was wrong in my beliefs. The kids are better with a parent who loves them and cares for them (step/adoptive/whatever).
Tx Judges have wide discretion regarding termination and adoption (note that the standard is clear and convincing, and the laundry list for termination is broad. Add to that, the stronger respect given a Tx Judge).

I think Tx is correct; my values of 'biological parent, first and always' was wrong.

IMHO, the magic is: you have to hire an attorney who knows the Judge and whether the Judge will procede on the facts.
(I would also file while still in the military. If the Judge turns you down, it doesn't stop you from filing later. Many Judges have very great respect for those serving our country).
Look for an attorney in your area (near the court where you will file) who is board-certified in Family Law. Check with several attorneys regarding the price - it can vary greatly.
Good luck & thank you for your service.

PS: Each adoption should, probably, be done separately, as each requires a separate Petition to Adopt and Petition to Terminate.
Check with your attorney regarding that (again, local practice may be different).
 

MomandDad2006

Junior Member
I appreciate all the advice.

Just so there is no misunderstandings in the future when I do come back ready to adopt and looking for a little guidance I want to explain just a couple things.

Even if my wife turns out to be some crazy, underhanded, money hungry gold digger I love these kids. I KNOW this wont happen, she isn't any of those things and just because she has two children by two different men doesn't even imply she is. She was a teenager pregnant with the oldest, and a grown woman who thought she was in a loving committed relationship when she got pregnant with the youngest. Did she chose some real winners, yeah buddy, do I kid her about it in private, bet your ass I do. I love my wife and I love her kids and love them like they are mine even though they are not.

I understand perfectly what you were saying misto, and you are correct, I can do all I have done without ever making it "official" that I am dad. My wife almost died 2 years ago in a car wreck, after that adopting was all I could think about after hitting my knees and thanking the lord he didn't take her form us. In the event that she were to die I wouldn't want the boys to be sent to live with their respective fathers as they do not love them. Period, point blank call me whatever you like. If they loved them, if they cared they would be involved. My wife didn't push them out they hit the back door running. Shes tried over the years and they just have no interest. All I have done including joining the military I have done for the kids, even when my wife hit the fan and demanded I not join, hell she told the recruiter what she thought to. But I did it because they needed health care and I needed to provide all I could with a steady unfaltering income.

garrula lingua, Appreciate that you appreciate me and my brothers in arms. i don't plan to stay in the military after these last couple years, but that all depends on our economy if I do indeed get out, would a judge still look favorably on prior service? I put my self on the line with every deployment so if I can use that fact to help me meet my goal then I will, I think ive earned it, as has anybody who has ever served. I really hope I will be able to adopt them, I love them and want to make concrete and legal what I feel in my heart. Thank again everybody
 

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