What many people do not know is that before a person is eligible to pass the bar in the State of Texas, they must complete a certain number of hours of pro bono (free) legal work. You are likely to get a LOT of help from someone who's in their final year of law school if you look around. And they are hungry little buggers, believe me.
As for the adoption issue: When your son reaches the age of 11 in the wonderful State of Texas (guess where I live) he can legally petition to change his name and sever ties with his father. Until that time, he must have the permission of both biological parents to do so. I went through this with my step-daughters a few years ago, and we eventually had to drop it because the youngest was not old enough yet, and the oldest would not do it without her sister.
UPDATE: It may now be age 12, I'm sorry. I'm pretty sure it was 11 when we were doing it in 2001. To find the Law students, check with the sources below for a school near where you are, and I'll bet someone will be very glad to help you out. I know a couple students up here around Dallas, I will send you anything I can find out from them.How Do I get a bio fathers rights taken way in TX?
Go to court alone. I did that and just made a list of things I wanted to say to the judge when I wanted to get full custody of my daughters. The list was reasons I should get full custody and he shouldn't. You could probably do the same thing with your case. In my case, their father didn't even show up so I won because of that. The judge said that if he didn't even care to show up he must have not had a dispute with what I was asking for. I'm not sure how it would have gone if he did show up though. Make sure (if you decide to go alone) that you site his absence and how he hasn't paid child support. Have dates for everything you can. Don't really say anything about your son calling your husband Daddy because I don't think the judge wants to hear that. Maybe you can tell him that your son has a positive father figure with your husband.
No matter what you do you will have to pay some money, possibly a lot of money and it will take a lot of time.
The only way you can get his rights taken away is by proving that he is abusive and or neglectful, anything that may harm or bring harm to the child in front of the court and jury.
If he or someone else abuses your son you need to report it to the police so it can be documented.
If all you said is true then no matter what the cost of money, you need to make sure your child is safe, seek a lawyer.
I think you say that he is behind on child support. That is often a good tool to use...Give up your rights and you don't have to pay.
you have custody and your current husband wants to adopt him ok
call the police and ask them i can't help much but i am very sorry you are going thru that
why would your husband want to adopt him when he is already the step father,, also i think you are fighting a winless battle, can u prove direct abuse from the ( bio ) father if not ur stuck with the situation,
take him to dinner and say i hate you
COURT SUCKS ..THEY WILL END UP GIVING THAT MOLESTER AND HIS FAMILY VISITATION. THATS JUST HOW COURT DOES THINGS. PROTECT HIM 50 BUCKS A WEEK FOR SUPPORT ISNT WORTH JEOPARDIZING WHAT THAT WEE ONE HAS ALREADY BEEN THROUGH.
If your biological father has a history of violence with your son, then that more than enough grounds that you could win full custody of him.
You first need to start an child support case with your state child support enforcement. You can then get back support payments from his taxes and his current earnings. You can contact your local department of social services about this.
Then contact your local JDR courts about filing for full custody of your child. You could still qualify for a court appointed lawyer in that hearing, you'll just have to pay small amount to them. But don't give up! Take the power out of the situation, if you love your son ( and I know you do ) take my advise and see what you can find. Been there, done that. I thought my child's father had the advantage in the situation, but all and all, I did. Good Luck.
Just find some free legal assistance. On Yahoo, I looked up: free legal advice texas
These were some of the more promising sites.
http://www.texaslawhelp.org/TX/index.cfm
http://www.tlsc.org/
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