Texas Adoptions Legal Questions

If your child's mother and step-father are interested in moving forward to terminate your parental rights and to do a step-parent adoption, then usually they would present you with a legal document that you can review and sign that would voluntarily relinquish your parental rights to your child.  However, if they are not interested in pursuing a termination and adoption it is highly unlikely that a court would allow you to voluntarily terminate your rights.  Courts typically will not terminate a parent's rights unless or until someone is stepping up to assuming those rights that you are asking to be terminated.... Read More

No, you did not commit a crime by putting your name on your child's birth certificate. The family court does not have jurisdiction over immigration matters. The only thing your husband can do is ask the court to require that the child's name be changed to add his name. You are allowed to keep your name as one of the child's last names.... Read More

You can allow dad to take the baby home from the hospital, but the hospital does not have any paperwork for you to sign over your parental rights. However, you can file a Suit Affecting the Parent-Child Relationship and ask the court for an order appointing dad as the sole managing conservator. The court probably won't allow you to terminate your parental rights unless the baby's father is married and his wife wants to do a stepparent adoption. You can certainly get an order giving the dad most of the rights concerning the child. You will still have some rights and you will still be the child's mother, but the dad will have most of the rights.... Read More

If there is already an order in place you would need to seek to modify the existing order for conservatorship, visitation and support.  If there is not already an order you would need to file a Petition in Suit Affecting Parent-Child Relationship to establish conservatorship, visitation and support orders for the first time.  However, if a step-parent adoption is your goal then it may be more efficient to talk to an attorney about the possibility of moving forward with step-parent adoption if there is grounds to do so.  I highly recommend that you consult with an experienced family law attorney in your area to determine what the best course is for you and your family moving forward.... Read More

If you son's bio dad would be willing to agree to terminate his rights, then it would be possible to request the Court to terminate his rights and grant a step-parent adoption.  The bio-dad would have to sign a Voluntary Affidavit of Relinquishment.  But you there would also be other stops in the process.  There would have to be a home study conducted to help the Court understand if a step-parent adoption is appropriate, there would have to be criminal history checks done, and the Court will usually appoint an attorney like an amicus attorney to help the Court to understand if the parental rights of bio-dad being terminated would be in the best interests of the child.   It can be a tricky process that is difficult for someone representing themselves to navigate correctly.  I highly recommend that you consult with an experienced adoption attorney.  If the process is not contested the fees may not be as high as you expect.... Read More

Do you want your rights to be terminated? There can be no adoption until your rights are terminated. Usually, you would not be ordereed to pay child support if your rights are terminated. You should read and respond to any court proceedings. Also, you could contest the termination and keep your parental rights. If you want the termination to go through, you should sign the required paperwork and find out if they are trying to get an order saying you still have to pay child support. You may be able to negotiate and request that they not make you pay child support in exchange for signing the affidavit to voluntarily terminate your parental rights.... Read More

If the parents did not leave the child with you before the child was taken into CPS custody, you may not have a good chance of getting the child. CPS is going to look for relatives first. Then they would likely look at the foster care families in the area. You may ask CPS if you would have a chance if you went through their foster care training.... Read More

If you file for termination and adoption, all you have to do is show you served the prisoner. Each court is different, so once the suit is filed, work with the coordinator to make sure you provide the service of citation in the manner acceptable to the court. If the bio dad won't sign a voluntary relinquishment of his parental rights, you would have a hearing asking the judge to terminate the rights.... Read More

Of course, you can take care of the child. Follow this link to find a form for a non-parent relative to care for a minor child: https://www.dfps.state.tx.us/site_map/forms.asp If the mother agrees, then she can execute that form so that you and your husband can show the doctors, child care providers, etc. that you have permission to care for the child and sign documents for the child.... Read More

First of all let me make it clear that I am a S.C. board certifed internist and attorney, and my answer is not to be taken as establishing a lawyer/client relationship.  In S.C. you would need to prove to the family court that the child was adopted by fraud by  the preponderance of the evidence.  Being under the influence of prescription pain pills may not constitute fraud, unless your attorney can prove fraud in the inducement or duress in signing away your parental rights.  Perponderance of the evidence means that it is more likely then not that fraud was incolved.  You do have rights, but you will need a good family law attorney to exercise those rights.  This is not the same standard as criminal fraud which must be proven beyond a reasonable doubt in S.C.  I hope this helps as my heart goes out to you. Michael G. Sribnick, M.D., J.D. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

You would need to terminate his rights in order to allow your current husband to step into his place as the child's father.  Due to the history of family violence, you may be able to keep your address and information protected, but you cannot do this without the biological father knowing.  I don't think you will be able to do this without an attorney either.  Your needs are far more complicated than you probably know and you really should seek the counsel of an attorney to make sure everything is done properly. ... Read More

Please consult with an attorney in your area who does family law.  There are very technical requirements that you have to follow in order to legally terminate the Father's rights to your child and allow your current husband to adopt. It is definitely advisable for you to retain an attorney to help guide you through the process.... Read More

You can change your son's name by legally petitioning the court for a name change or could petition the court for a step parent adoption (which is not complicated).  Please talk to a lawyer in your area and get advice on your options so you can determine which option is best for you and your family.  ... Read More

Please do hire a lawyer to make certain that everything is done correctly.  In Texas, you can always represent yourself but it is definitely better to get a lawyer to help you with legal matters.  If everything is agreed upon between the parties, it will not be a costly thing for you to hire an attorney and you will be assured that the adoption was done correctly and there will not be problems in the future.... Read More

A note, even if signed by both parents and notarized, will not be sufficient to award custody of the child.  You need a court order to do so.  However, if both parents agree to it, the matter will be easily rectified in court.  You need to go to a family lawyer in your jurisdiction and file a Suit Affecting Parent Child Relationship (or if the parents are divorced, you can file in the cause number of the divorce suit).  If the parents both agree, they can enter appearances and sign an Agreed Order.  You will want the Order to provide for conservatorship, possession times with the child, rights and duties of each conservator with the child, support, medical insurance and who pays for uninsured medical expenses.   ... Read More

Once a person reaches 18, it is a relatively simple process to change his name. Consult with a family lawyer in your area to help you through the process but basically, you file an Application for Name Change, send the person's fingerprints in with a request to have the State perform a criminal background check which it sends to the Court.  Once the background check is in to the Court, the lawyer prepares an Order approving the request for the Judge to review and hopefully, execute.  A prove up of the request is normally required to be performed in front of the Judge as well. ... Read More

Was your friend represented by a lawyer?  Tell her to go back and consult with that lawyer or find someone in her area who does family law.  I assume she signed an Affidavit of Relinquishment.  When does the Affidavit say it becomes irrevocable?  If it does not say what the stated time for revocation is, it is revocable only if the revocation is made before the 11th day after the affidavit is executed and is irrevocable after that time. Has an adoption been finalized yet?  What about the father of the baby?  Did he sign his rights away as well?  Tell her to go to a lawyer immediately so she can give him/her all the facts and find out what her rights are regarding her child. ... Read More

Congratulations on your new found happiness.  He sounds like a wonderful man.  You need to contact a family lawyer in your area and get advice on how to proceed.  Your new man can file a petition to adopt your child.  If he is married to you, no health, social, educational & genetic history report need be prepared although there will be a criminal background check prepared as well as a social study.  It is a relatively straightforward process but it is best to have a lawyer advise you so you are certain that everything was done correctly per the Family Code. ... Read More

If your son is under eighteen and his biological father will not consent to the adoption, you would have to file a motion to terminate the biological father's rights to your son in order to move forward with any adoption.  Consult with a lawyer in your jurisdiction to see if the facts in your case qualify for bringing a termination action against your ex. If you are able to terminate his rights, your husband could move forward with requesting the Court allow him to adopt your son.  ... Read More