Long story short, my ex decided to voluntarily terminate his rights to my 10-year-old. My husband immediately agreed to adopt them. (He’s a gem)
My question is:
I cannot find many people with personal experience with the uncontested part.
Any advice or experience can help. This was very sudden and unexpected.
I did this in IL; I think I paid attorney 2-3k, also had to pay a Guardian ad litem who represented my daughter’s best interests. I would definitely get a lawyer because there is a lot going on with the steps.
The most important question is … how does your son feel about this? If he is onboard it should be fairly simple. I did it 30 years ago… kids were 3 and 4 at the time. The judge asked them things like do you understand what adoption is. In true toddler form they said “yes, he’s going to be our Daddy”. And if that was what they wanted.
At your son’s age the judge may ask quite a few questions so he is comfortable that it is the right thing for your son.
30 years ago it cost me $900.00 for termination of parental rights and $900.00 for the adoption.
I would say a lawyer is necessary as the local courthouse would not let me file for adoption without one (husband adopted daughter that bio dad had no contact with). It was $1500 for lawyer fee and around $300 for the social worker to make sure the home environment was fine.
First go to the court house and see if they have the forms. My husband and I got our grandchild without a lawyer but we did have to go to court. The parents signed the termination paperwork and the court awarded her to us. My lawyer did some paperwork but we are in a small town who wanted very simple paperwork.
So check with the courts first.
@Vic
Their dad signed the voluntary termination of parental rights like he was signing a check. The notary didn’t even charge us (I guess she felt bad for us). I found a Texas law book that gives us everything we need for the petition and beyond. I just don’t want to pay a lawyer if I don’t need to. Did you have to do the home visits?
@Gia
How old is the child and what do THEY want? Assuming you already have some level or full custody? Generally, there’s no home visit as it’s still your home.
Kip said:
@Gia
How old is the child and what do THEY want? Assuming you already have some level or full custody? Generally, there’s no home visit as it’s still your home.
They are 10. They said they wanted husband to adopt as well as wanted their last names changed. From my understanding, children over 10 will be asked if they want their name changed, and over 12 will be asked if they agree to be adopted. Either way, we haven’t disregarded their thoughts or opinions.
@Gia
We did what is called a home study and he was signing a check! It was in the best interest of the child to come to us. The child went to come to us, but the only thing we had to tell them was would relieve them about financial responsibility. What I meant by he did sign a check. It was relieving himself a financial responsibility.
@Gia
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I’m not in Texas, but generally, stepparent adoption is easy and straightforward when everyone agrees.