Seeking Help from Moms - Houston,TX

Updated on August 26, 2010
J.R. asks from Houston, TX
7 answers

I have a 21 month old little girl. I haven't talked to her bio father since i was 4 months pregnant with her. She will be 2 in nov. I have married and my husband has raised her, her whole life. How can i change her name on her birth certificate without the bio's rights when he has never been around. I don't know where he is?

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A.A.

answers from Waco on

I'm a little confused. Is your husband going to adopt your little girl? You didn't say in your post... only that you wanted to change her name? If your husband wants to adopt your little girl, then you will need to hire an adoption attorney and you will have to go through the process of trying to find her father and then terminating his parental rights. If you can't find him, then the attorney will most likely post an ad in the newspaper requiring him to appear in court. If he is a no-show, then you can move forward with terminating his rights. You will need a reputable adoption attorney to help you with this to ensure that everything is iron-clad and he can't come back one day and challenge you in court.

2 moms found this helpful
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M.G.

answers from San Antonio on

My question is why did you give her his name in the first place if he hasn't been around since you were 4 months pregnant. Anyhow, hind sight is 20/20. Good luck. I had a friend who wanted to change her son's last name and she couldn't get ahold of the real dad and the courts would not grant her permission. The good news it that the internet allows you to find anyone. If not then you may have to hire a private investigator to find him.

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K.B.

answers from San Antonio on

Do you know where his parents live or anything like that... I would start there and if you can get in touch with them you might be able to find him. Good luck!

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M.G.

answers from Austin on

Well, it all depends on whether or not the biological father's name is on the birth certificate. If it is NOT, then you're already home free and can proceed with what I presume is your plan for your husband to legally adopt. If it IS...well, that's a little more complicated. You'll need an attorney, for sure...I would NOT try to do it on your own. What other people have said about showing due diligence in trying to find him is on par, but let your attorney guide you. There's due diligence by the law, and then there's killing yourself trying to find someone. If you truly only want your husband to adopt and have no desire to have the biological father involved, go by the letter of the law...and no more. {To me, if he knew you were pregnant and bailed, he doesn't deserve the right to be dad. Let someone who will show her how a lady OUGHT to be treated have the honors.}

Good luck!

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C.K.

answers from San Antonio on

You will need to get an attorney. The first visit, or consultation, is usually free.
It's a fairly simple process for a step-parent adoption in Texas, but everything has to be documented by an attorney so the judge will okay the adoption. Efforts have to be made to locate and contact the biological father, and an attorney will know how to handle that. It is possible to have the rights of the biological father terminated without him willingly giving up his rights.
Contact an attorney and go from there.

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H.F.

answers from San Antonio on

I disagree w/questioning you as to why you didn't do it in the first place...geez, that's just a little rude. If I were you, I would seek an attorney. If the court or Texas agency requires that the biological parent be served, then you must show proof that you attempted to locate him, use last known address, mother's house. If you don't have any of that information, then you could post in the news paper. Don't hire an investigator. Once you have done a dilligent search and he can't be found, then you move forward. Basically, "Amy's" comments are on the right track.

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C.B.

answers from Austin on

I would call a lawyer. If bio has never had anything to do with ya'll, then that is abandonment. The bio has to "give up" his rights. If you claim abandoment, then there are steps to find him but if he doesn't show then he loses his rights. Your husband would then "adopt" your daughter. Call a lawyer for sure, she/he could give better advice on your situation.

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