Adoption by Stepparent in Texas

Hi everyone,

My husband and I have been married for 2 years and together for 5. I have 2 kids from a previous marriage, aged 11 and 8. They call my husband ‘Dad’ and he has filled that role for years. Their biological dad owes over $20k in child support and only sees them once a month for two hours at a park (when he decides to show up). My kids and my husband want him to adopt them so he can legally be their dad and they can change their last name to ours.

What’s the easiest way to go about this? I doubt the bio dad will cooperate since he’s very vindictive and thinks he has rights, but he hasn’t been involved in their lives and has provided no support in the 7 years since our divorce. He’s sometimes disappeared for 6 months at a time, only to reappear for his supervised visitation. The last 6 months, he’s shown up once a month at the park, but that’s it.

In Texas, a stepparent adoption can be a bit complicated, especially if the biological parent doesn’t consent. You’ll likely need to show that the bio dad hasn’t been involved in the children’s lives and hasn’t provided support. Consult with a family law attorney who specializes in adoption to guide you through the process.

Gather all the documentation you can—evidence of his lack of support and involvement. This will be important if you need to go to court. It might be a tough road, but many stepparents have successfully adopted in similar situations.

If the bio dad contests the adoption, it may turn into a legal battle. But if you can prove he’s not a fit parent and hasn’t been involved, you can strengthen your case significantly. Make sure to keep records of all communications with him.

Consider mediation first. Sometimes, having a neutral third party can help in reaching an agreement with the bio dad, even if he’s difficult. If that fails, you may need to go to court for the adoption process.

Remember, you might also need to notify the biological father formally about the adoption proceedings, regardless of whether he cooperates. An attorney can help ensure you follow the correct legal procedures.