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Hello all, I am in Texas and my husband of 11 years wants to adopt my 12 year old daughter. We have no contact with her bio-dad. We have already filed the petition (we are doing this prosec) and I just found out that we may have to hire an attorney ad litem for her bio-dad to protect his rights. We havent had contact with him in 10 years, he owes over 65,000 in back child support. Does anyone do if this is mandatory in Texas or has anyone ever had to do this? Any advise would be GREAT!
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I am not in Texas but work for social services and have never heard of the custodial parent having to pay anything for the other parents. Not sure if it is an option but I do know parents who have "forgiven" child support in exchange for the other parent terminating their parental rights and allowing the adoption
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This isn't uncommon for Texas. It's also not uncommon in Illinois.
Here in Arizona - I had to hire an attorney for my son's biological father. He was also considered a 'dead beat' and had never seen or had anything o do with my son.
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Thanks for your reply. It seems so unfair, This man has never even met my daughter and never even paid the 15 dollars to have his name put on her birth certificate. So I dont understand why I would have to hire an attorney to protect HIS rights. I havent even been able to find him in 10 years, it seems so pointless. I guess that is Texas for you eh. Thanks again, Good luck to everyone.
Ann
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Ann,
Look at it this way - protecting his rights now, keeps him from being able to come back later and make trouble.
My situation was MUCH like yours - I opted to get an attorney for him, so that I could ensure we wouldn't need to defend the adoption later on.
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My stepdad wanted to adopt my sister and I and my parents were told that despite back child support being owed and that he never had contact with us they would have to pay for an attorny for my bio dad. It may just be easier to not try for the adoption if the bio dad won't consent willingly. You could end up shelling out upwards of 20 grand just for his attorny. Your daughter knows who her father is and that should be all that counts in the long run, not a piece of paper.
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20 grand just for his attorny
If he is contesting - yes and even then, you can elect NOT to pay for his attorney if that is the case.
The attorneyI hired for my son's step parent adoption cost me under $300 I believe - I am willing to pay $300 for some peace of mind.
You can hire an attorney to make sure his rights are represented during the TPR process - but you are NOT required to pay for an attorney if he decides to contents.
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