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My oldest son was born in California. We now live in Texas, with my husband and children. My husband wants to adopt my oldest son. Will the state of Texas handle the adoption process, or must California be involved?
There is an order for child support, which was established in California. How does California child support agency need to be involved?
And lastly, non-custodial parent is incarcerated. How does relinquishment of parental rights work in this situation? (i.e., getting form notarized).
Any comments and guidance are welcome! Thank you
Michellebell,
How long have you lived in Texas? If you've been here longer than 6 months you can do the adoption in Texas. Is the BF willing to sign relinquishment papers? How long has he been incarcerated. If he's been there longer than 2 years you can have his rights terminated without his consent. You really need to find an attorney for this one. My son's BF was in prison since I was 6 months pregnant with my middle son. He was released when my son was 6 1/2. The only thing that California will need to know is that his rights have been terminated and he's no longer responsible for child support. You can send the adoption paper work to them when you are finished here in Texas. I have lots of questions, but in order for me to answer you correctly I have to answer a question with a question. LOL If you need anything let me know.
Last update on February 25, 6:05 am by Sachin Gupta.
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Hey Jen:
Thanks for your speedy response. We have lived in Texas since November 2001; so I can see Texas would handle the adoption.
Non-custodial parent has been incarcerated for about 6-8 months
(I think - actually, I really don't know. Last time he saw BS was when BS was 1 year old, and that was in 1999). I only found out about the incarceration when calling my case worker at DCH. I THINK he would reliquish rights - he's never had any visitation. He had ample opportunity while we were in California; but chose not to accept the requirement - that I be present with my son.
So, while he has not been incarcerated for two years, he has basically been absent for far more than that. My husband met me when son was 1 year old and has been the ONLY dad my son has known. We really want our son to have our last name, and to be done with the roller coaster of BF's life. He has dodged child support payments for several years (even before incarceration); and truthfully, I do not want his money or ANY ties to him.
Thanks again for your response. Did you get my other post about the forms you had? I would appreciate copies of any forms required for this process. Thank you Jen.
Michelle