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  #1  
Old 08-14-2007, 09:24 PM
laniepr787 laniepr787 is offline
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what to do next?? (step parent adoption w/o lawyer)

Im not so sure what to do next!! I found all the forms from this forum and I filled them out. I have a friend who has a boyfriend who is an attorney who said he will proof read the papers for me. My ex boyfriend agrees to the adoption (He hasnt seen my first daughter since she was 2 and she is now 5 and he has never seen my second daughter and she is now 2) and my husband wants to adopt them. He has been with me for 3 years we have been married for 4 months but have been living together for 2 years. My daughters know him as their father only. My ex just started paying child support (he owes $10000 in back child support) and he is agreeing to this so he wont have to pay the CS anymore..what steps should i take? Im kind of lost on what to do when i get the papers...I heard you dont need a lawyer, is this correct for houston texas?? will my ex have to pay child support after all this is done?? I just want my daughters to ahve a good life and my husband loves them to death..my first one is starting school soon and i would like her to have the same last name as me and my other kids...HELP!!!!!!!!!!
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  #2  
Old 08-14-2007, 09:31 PM
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BrandyHagz BrandyHagz is offline
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You need to investigate the laws in Texas regarding the length of marriage.

Most states require you to be married for 2 years before you can complete a Step Parent Adoption.

As for the child support, he may or may not be required to pay child support after the adoption. His debt wont increase (except for interest) - but its possible that the judge won't rule on support, thus resulting in him still being responsible for arrearages.

Your ex can go to court, after the adoption, and ask to have them forgiven (at his expense, with an attorney) and you can elect not to protest - but more and more often, judges aren't ruling on support at the adoption hearing.

My sons adoption was finalized last December, there was no ruling on back support, so his NCP still owes all of of the back support he owed up to the finalization date.
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  #3  
Old 08-15-2007, 09:24 AM
laniepr787 laniepr787 is offline
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Anyone know if he will still have to pay back child support in Texas? The whole reason he is agreeing to this is so he wont have to pay so I dont want him to end up payin. A friend of mine did the same thing and her ex didnt have to pay CS anymore (back or future) and she is in texas but she did this 8 years ago...


Anyone know how long i have to be married to adopt??
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Old 08-15-2007, 10:55 AM
laniepr787 laniepr787 is offline
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thanks so much for your reply!!
No my ex doesnt have a lawyer. He lives in FL..He left me when I became pregnant with my 2nd child and I moved from Florida to Texas when I was 2 months pregnant. I met my husband pregnant and he took care of me while pregnant and has taken care of me and my 2 girls since. I also have a son with him now.

Is there anything else that should be done after my friend proof reads the papers? what are the next steps..your help is so appreciated!!!
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Old 08-16-2007, 10:02 AM
laniepr787 laniepr787 is offline
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My friend's boyfriend who is a lawyer hasnt got to proof read the forms that I downloaded from here but my friend told me that I needed to get the forms redrafted..Im not sure what that means?

Is there anything I have to change about the forms?

Oh and also as soon as I get the ok from my friend..Do I print the papers out and take it to the family court or to the clerks office???

THANK YOU!!!!!!!!
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Old 08-16-2007, 11:46 AM
laniepr787 laniepr787 is offline
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HI! Thanks again for your reply..I would have no problem paying $1000 for this since i think it is definitely worth the money as long as its not $5000 like i was quoted!!

I am definitely going to read from those links...

Now let me ask you..in the forms that I downloaded from here i did find a form titled Affidavit For Section 152.209 Information...

My ex and I were never married..He does live in a different state so do i need any other papers? My husband has never been divorced.

You said I could add that I dont want him to pay back child support anymore so in which of the papers should I write this??

Thanks for answering back you are a great help
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Old 08-16-2007, 02:39 PM
laniepr787 laniepr787 is offline
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I added something like this..is this ok?

11. Child Support
I , BIOLOGICAL MOTHER'S NAME, am forgiving and give up my rights to all arrearage of child support from BIOLOGICAL FATHER'S NAME upon termination of parent-child relationship between BIOLOGICAL FATHER'S NAME and CHILDREN'S NAME.

And also he lives in FL so Im assuming he doesnt have to come over here for anything. Just get the parental relinquishment form to terminate his rights and have it notarized over there in FL then he can mail it to me. He wants to get this done asap...he is so cheap and wants the child support payments to stop and so do i so i can get him out of my life asap!! my husband is my childrens father and thats the way we all want it to be!!
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  #13  
Old 08-17-2007, 11:46 AM
laniepr787 laniepr787 is offline
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Will I need to speak to the child support office about the payments being dropped? I added that paragraph to the Termination and Adoption document so hopefully that will work!!

And also Ive called the county clerks office and they never want to give me any info! They always tell me to go to the library (which ive done) but its ok.

My friend will give me a few questions later that he has for me about the papers...i will write again hopefully youll still be around!

Ive read the texas family code statutes I dont think it says anything about which counties require a home study! I hear some people can get that waived?
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  #15  
Old 08-18-2007, 02:20 PM
laniepr787 laniepr787 is offline
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thanks for the info!

I spoke to the ex today and he wanted to make sure that the back child support wouldnt be collected. He suggested that I write a letter saying that I forgave all back child support after the termination of the parent-child relationship(kind of like what im going to write on the termination and adoption document) and sign it and get it notarized and send it to him so he can keep it as proof. Would that be a legal document so he can use it if something doesnt go through? Can he take that to the FL child support in case they keep charging him. If it would work I would like to do it since he is doing me a favor and not fighting this adoption!!!
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