step parent wants to adopt

[sgc1975]

Texas

I have 3 kids from a previous relationship, their father lives in Alabama, and we are in Texas. The kids are 9, 10, & 11, and haven't seen or spoken to their father in several years, (almost 5) he sent time in prison for domestic violence charges, and has recently posted on his Facebook about his kids from another relationship being his only children.

My question is this, I'm remarried now to a great man who supports my kids and treats them like his own, the kids asked him today if they could have his last name. I don't know how to go about this or what all has to be done. My ex isn't in the birth certificates but openly admitted being the father in court. I really have no way of contacting him, as he is in and out of jail and I have no number for him. What can I do to make this possible?

 

[cyjeff]

Contact him through facebook and see how he feels about the adoption.

Then, get an attorney. Honestly, adoption of three children is NOT a DIY project.

 

[sgc1975]

He won't respond to me on Facebook, I have tried, and either get no response or a smart allec one. Is this something he can fight? Even though he's made no attempt to be in their lives?

 

[cyjeff]

He won't respond to me on Facebook, I have tried, and either get no response or a smart allec one. Is this something he can fight? Even though he's made no attempt to be in their lives?

Yes, he can fight it.

Well, assuming that he is the children's legal father.

 

[sgc1975]

Unfortunately, he is the legal father. But aren't there abandonment issues? And ay what point do I try to get through to him that I'm doing this?

 

[cyjeff]

Unfortunately, he is the legal father. But aren't there abandonment issues? And ay what point do I try to get through to him that I'm doing this?

Are you receiving child support? Have you ever received child support? Have the children had ANY contact whatsoever with him?

Abandonment and adoption will both require the notification of the children's legal father. This can be done by publication if necessary, but a court has to authorize it.

 

[sgc1975]

No, I've never gotten any child support from him, and he hasn't even spoken to the kids since 2006

 

[TheGeekess]

No, I've never gotten any child support from him, and he hasn't even spoken to the kids since 2006

Is CS even ordered?

 

[sgc1975]

Yes, it was ordered he has just never paid it, he works random jobs for cash so it can't be taken out of his check.needless to say, he owes.a lot of back child support

 

[TheGeekess]

Yes, it was ordered he has just never paid it, he works random jobs for cash so it can't be taken out of his check.needless to say, he owes.a lot of back child support

And, he's been incarcerated (for DV? Against whom? How long?). They're not known for having the ability to contact people except via USPS/collect telephone calls. Has Dad had your current phone number/mailing address?

Because here's the deal: If he chooses to fight this and claims he's willing to step up and be Dad, the state will allow him chances to do so.

 

[sgc1975]

I've had the same cell number for almost ten years, so he had it then, and he was in prison for less than 21 months, because he beat up a girl he was living with, and refused to.let her leave