I want to adopt my step daughter. Her mom has paid us no child support since we recieved custody of her in Jan of 06. So it has been over a year. She lives 15 miles away and makes no attempt on her own to come see her daughter. She wants us to go take her to her. The only time she does come by and see her daughter is when the mothers grandmother is in town and wants to see her not her. Our lawyer told us that all it takes for me to adopt her is that the mother has't paid any support in over a year so is that all it takes or is there more?

Statutes:

Websites for Statutes:
http://www.capitol.state.tx.us
http://www.capitol.state.tx.us/statutes/statutes.html
Citations:

Adoption: Family Code, Title 5, Chapters 162 and 264 (�� 264.110 and 264.111)
Child Protection: Family Code, Title 5, Chapter 261
Child Welfare: Family Code, Title 5, Chapters 161, 262, 263, and 264



Regulation/Policy

Website for Administrative Code: http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC
Note: See Title 40, Part 19


Neglect
Citation: Fam. Code � 261.001

Neglect includes the following acts or omissions by a person:

Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child�s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child
Failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury, or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child
The failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused
Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child
The failure by the person responsible for a child�s care, custody, or welfare to permit the child to return to the child�s home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away

Emotional Abuse
Citation: Fam. Code � 261.001

Abuse includes the following acts or omissions by a person:

Mental or emotional injury to a child that results in an observable and material impairment in the child�s growth, development, or psychological functioning
Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child�s growth, development, or psychological functioning



Abandonment
Citation: Fam. Code � 261.001


Neglect includes the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of intent not to return by a parent, guardian, or conservator of the child.


Circumstances That Are Grounds for Termination of Parental Rights
Fam. Code �� 161.001; 161.002; 161.003; 161.007


The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:
Mental illness, emotional illness, or mental deficiency
Use of a controlled substance
Incarceration for not less than 2 years

The parent knowingly placed or allowed the child to remain in conditions or surroundings or with persons who engaged in conduct that endangered the physical or emotional well-being of the child.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of being criminally responsible for the death or serious injury of a child or any of the following crimes against a child:
Murder or capital murder
Indecency with a child, assault, sexual assault, aggravated assault, or aggravated sexual assault
Injury to a child, elderly individual, or disabled individual
Abandoning or endangering a child
Prohibited sexual conduct, sexual performance by a child, or possession or promotion of child pornography
The parent is the father of a child conceived as a result of a sexual offense.
The parent has failed to support the child in accordance with the parent�s ability for 1 year.
The parent abandoned the mother of the child during her pregnancy and failed to provide adequate support or medical care for the mother, and failed to support the child since birth.
An alleged father has failed to register with the paternity registry or to respond to notice.
The parent has been the major cause of:
The child�s failure to be enrolled in school as required by law
The child�s absence from home without the consent of the parents or guardian for a substantial length of time or without the intent to return
The parent has been the cause of the child being born addicted to alcohol or a controlled substance.
The parent voluntarily delivered the child to a designated emergency infant care provider.
The parent has failed to maintain regular visitation, contact, or communication with the child.
Parental rights to another child of the parent have been involuntarily terminated.



Who Must Consent to an Adoption
Citation: Fam. Code � 162.010


The managing conservator must consent.
If a parent of the child is presently the spouse of the petitioner, he or she must join in the petition for adoption.



When Parental Consent is not Needed
Citation: Fam. Code �� 161.003; 161.005; 161.006; 161.007


The parent is unable to care for the child due to mental illness.
The parent has voluntarily terminated parental rights.
The parent has no right of consent after an abortion where the child survives.
A person is convicted of a crime resulting in the birth of a child.
The parent's rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or neglect.


When Consent Can Be Executed
Citation: Fam. Code �� 161.103; 161.106


The birth mother may consent no sooner than 48 hours after the child's birth.
A man may sign an affidavit disclaiming any interest at any time before or after the birth of the child.


How Consent Must Be Executed
Citation: Fam. Code � 161.103

A consent must be signed by the parent, whether or not a minor, witnessed by two credible witnesses, and verified by a person authorized to take oaths.


Revocation of Consent
Citation: Fam Code �� 161.1035; 162.011


An affidavit of relinquishment that fails to state that it is irrevocable can be revoked before the 11th day after signing.
On the 11th day, consent becomes irrevocable.
Any time before an order granting an adoption is filed, consent may be revoked by filing a signed revocation.

if she is having any contact with the child- you are going to be hard pressed to get it done. Most places require no contact of any kind for at least 6 mo to a year- that means no phone calls, visits, letters, presents, etc. Heck- our bio mom hasn't paid support in 9 years, had 2 other kids taken by DHS, and hasn't had any contact of any kind in 10 months and we are still having to fight HARD

She doesn't come see her on her own the last time she saw her was when we took her over there. She gives her no presents no letters no nothing. But our lawyer said that all it takes is for her not to pay us any support. But I thought that was too good to believe maybe I need to ask him again to make sure.

Oh yeah and when we recieved custody of her from the grandma not the mother she hasn't steadily been in her daughters life since she was born. She didn't even show up to the court when we went to fight for her and because of this she has no visitations with the child. The grandmother is the only one with court appointed visitations.

Anymore comments or advice would be greatly appreciated.:)

Hire a lawyer, and be ready to spend plenty of money.

Every case and judge is different.

Have you considered just asking the Mom to terminate her rights? If she has no interest in seeing or supporting the child, she may agree.

If she won't terminate, then you can try, but without her consent it is pretty unlikely. Why doesn't she pay child support?

She just doesn't....I quess there is really no real good reason why she doesn't support her child.....I quess maybe because she is starting a new family with my husbands cousin (ugh) they have a son and I heard that she is pregnant again....idk.....

She just doesn't....I quess there is really no real good reason why she doesn't support her child.....I quess maybe because she is starting a new family with my husbands cousin (ugh) they have a son and I heard that she is pregnant again....idk.....

If there is a court order for child support and she is not paying it...your hubby need to file a contempt motion...he can do this himself .

If there is no order for support tell hubby to get off his duff and take the issue to court.

There is a court order for her to pay him 140.00 a month that was suppose to start on February 1, 2006. She has paid him nothing. So how does he go about filing a contempt I thought that you had to have a lawyer to do so? Thanks for the replies any advice is taken and considered I am glad there are people out there that can give good advice and don't expect a check in return...lol....:p