Mack Law BlogStep parent adoption without consent

Question:

I was reading about step parent adoption and came across this:

63.064 Persons whose consent to an adoption may be waived.—The court may waive the consent of the following individuals to an adoption:
(1) A parent who has deserted a child without means of identification or who has abandoned a child.
(2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.

what does number 2 mean? because I have had full parental responsibility since my child was 5, would this possibly qualify?

Answer:

Without knowing the exact details, generally the answer is NO. Number 2 means there must be a court order terminating the rights of the other parent. if that other parent is paying you child support right now then his parental rights definitely have not been terminated. Also in regards to Number 1, that is an extremely high burden to meet and if the other parent contests the adoption, then it will be even harder. Courts only terminate parental rights in exceptional circumstances and isnt something to take lightly. For specifically tailored legal advice please contact an attorney.