if my daughter’s biological father wants to voluntarily relinquish his rights and my husband wants to adopt my daughter, do I need a lawyer?

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if my daughter’s biological father wants to voluntarily relinquish his rights and my husband wants to adopt my daughter, do I need a lawyer?

I was told that I could just get the paperwork and have all of us sign these papers in front of a notary and just send the paperwork to the court?

Asked on July 2, 2015 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While there is no requirement that a lawyer be involved, I hesitate to tell you to do this alone given the stakes of your child's future. Also, a court generally likes to make sure that parties are not relinquishing their rights to avoid support or not being bullied in to it by a new spouse.  So her Father and you may have to appear in court so that the judge can ask these questions on the record.  Also, the doption proceeding can be done simultaneously in mostvstaes and that is a big help to the judge agreeing to terminating rights.  Good luck.


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