Thursday, April 24, 2014

Can my new husband adopt my child because my ex is in jail?

This is actually two separate cases.   First you have to terminate your ex's parental rights, then you can proceed with the adoption by your husband.  The Texas Family Code conveniently allows you to combine the two cases into one, however, you may not want to do that.  If your ex has agreed to sign an affidavit of relinquishment, he cannot change his mind for 60 days.   So you want to close that deal quickly and finish the termination before he can change his mind.  You can then open the adoption case at your ease.    If you tie termination and adoption, together, it may require much more than 60 days to get the social study and other requirements finished.  In the meantime ex may change his mind and complicate everything.  On the other hand, some judges will not terminate parental rights unless there is an adoption in the works, so you may have to combine the cases.  You have to know your judge and jurisdiction.  As you can see, this is a complicated matter and you really should find a knowledgeable attorney.