Full question:
If a parent does not show interest in a child, how can a step-parent be given the parental rights?
- Category: Adoption
- Date:
- State: Texas
Answer:
For a stepparent to gain parental rights through adoption, both biological parents must agree or consent, if they are living. This process typically involves the non-custodial parent voluntarily giving up their parental rights or the court terminating those rights due to evidence of abuse or neglect.
If a biological parent is not involved in the child's life, the court may terminate their rights on grounds of abandonment, which usually requires no contact for at least one year. Additionally, a parent can have their rights terminated voluntarily or through a judicial process that requires proof of unfitness or a threat to the child’s safety.
The court may terminate parental rights if it finds clear evidence that the parent engaged in harmful conduct or placed the child in danger. Termination of these rights ends all custody, visitation, and support obligations.
While termination typically ends child support obligations going forward, it does not erase past due support. Relinquishing parental rights to avoid child support payments is generally not permitted.
Changing a minor's name does not require relinquishing parental rights, even if the other parent does not consent. The court must determine that the name change serves the child's best interests, considering factors like the child's current name usage and family identification. If the other parent objects, evidence must be provided to show the name change benefits the child.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.