I am remarried now and I understand that my child's other parent may have his/her parental rights terminated so that my current spouse can adopt him? What is necessary?

The court may order an involuntary termination of the parent-child relationship under §161.001 of the Texas Family Code if the court finds by clear and convincing evidence (a comparatively high degree of proof) that the other parent has:
 
  • Voluntarily left the child alone and expressed an intent not to return.
  • Voluntarily left the child alone without expressing an intent to return and without providing for the adequate support of the child and remained away for three months.
  • Voluntarily left the child alone without providing adequate support of the child and remained away for a period of six months.
  • Knowingly placed or allowed the child to remain in conditions or surroundings which endangers the physical or emotion well-being of the child.
  • Engaged in conduct or placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child.
  • (Important) Failed to support the child in accordance with the parent's ability during a period of one year ending within six months of the date of the filing of the petition.
  • Abandoned the child without identifying the child and the child's identify cannot be ascertained by reasonable diligence.
  • Voluntarily abandoned the mother of the child beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth and remained apart from the child or failed to Support the child since the birth.
  • Refused to submit to reasonable and lawful order of the court regarding Child Welfare Services.
  • Been the major cause of the failure of the child to be enrolled in school, the child's absence from the child's home without the consent of the parents or guardian for a substantial length of time or without the intent to return.
  • Executed an affidavit of relinquishment of parental rights.
  • Been convicted or placed on probation including deferred adjudication for being criminally responsible for the death or serious injury of a child under specified sections of the Penal Code.
  • Had his or her parental rights terminated with respect to another child because they voluntarily left the child alone or in possession of another for a specified period of time.
  • Constructively abandoned the child to Child Protective Services.
  • Failed to comply with a court order establishing requirements for regaining of parental rights.
  • Used a controlled substance in a manner that endangered the health or safety of the child and failed to complete a court-ordered substance abuse treatment program or continued to abuse a controlled substance.
  • Knowingly engaged in criminal conduct that has resulted in the parent's conviction of an offense and confinement or imprisonment for a period of two years from the date of filing the petition.
  • Been the cause of the child being born addicted to alcohol or a controlled substance.
  • Voluntarily delivered the child to an emergency medical services provider without expressing an intent to return for the child.
  • And that termination is in the best interest of the child.
If you have clear and convincing evidence of any of the above as more accurately described in §161.001 of the Texas Family Code and the court finds that the termination is in the best interest of the child, a termination of parental rights may be granted involuntarily.