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Texas Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Texas on
Q: If my child is with temporary kinship care can I still visit with and see my child in Texas?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 29, 2022

Did you sign a safe agreement with CPS. The answer is in that agreement,

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: cps wrongfully removed my son court of appeals deamed cps overlay used disgresion and lied happiescorpus ignored

happiest corpus was signed by a judge to return my son but it was ignored no one was held in contempt of court the two gay men have him and we are supposed to have him back in our custody but we haven't even seen him in over a year what do i do to make them abide by the happiest corpus?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

You need to retain a lawyer or fet a court appointed lawyer,

1 Answer | Asked in Employment Law, Immigration Law and Adoption for Texas on
Q: Temporary Protected Status.

I am from India. Last year I got married to my girlfriend who is a US Citizen and I got adopted by a US Citizen. In 2020, During COVID'19, I could not function my MBA program as my SEVIS got Terminated. Recently I and my wife were planning to buy a home. Since I don't have a work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is no TPS for India. If you qualify for adjustment of status, you will be able to apply for a work permit when you submit your application.

1 Answer | Asked in Adoption and Family Law for Texas on
Q: Adoption: Other Eligible Party vs. Biological Eligible party

My cousin and I are related biologically, but adopted into different families. She has given up rights to her child and I have filed for adoption. I have finished my home studies and i have court next week but now CPS is telling me that the paperwork will need to be changed to "Other eligible... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 21, 2022

If they are still letting you adopt don't worry about what they refer to you

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Is there any way I can adopt the kids without becoming a foster parent?

I received PMC (Permanent Managing Conservatorship) without PCA (Permanency Care Assistance). The boys were placed with me through CPS because of the negligence on their mother. The mother is in prison and the father has no contact with the kids. Both were order from the judge to pay alimony.... Read more »

Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

While some connection to the children is necessary to bring suit related to them, it seems that they have been in your care for a sufficient amount of time. Adoption requires the termination of the parental rights, so you would need to file a termination and adoption suit and serve each parent.... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Texas on
Q: can I give my unborn child my new husbands last name if he isn’t the father? He knows he isn’t the father.
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 7, 2022

You can try to but when the real bio dad shows up and takes you to court the judge will change his name to bio dad,

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: My step daughter is having a baby but is giving me and my husband the baby. What all should we know.

We are wanting to take the baby home within the first few hours of her being born and we dont want CPS or any problems. How should we go about it

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 8, 2022

Retain a lawyer now and have the father of the baby sign his rights away. Start adoption proceedings now.

1 Answer | Asked in Adoption and Family Law for Texas on
Q: My 15 year old friend is being abused, the abuse isn’t enough for cps to do anything, can he move in with me (18 y/o)

I currently live with my grandpa but I will have my own apartment soon, he is applying to jobs right now and by the time he turns 16 and is able to file for emancipation he would be able to live with me paying rent and helping with groceries. My main question is if he could move in with me at 15 or... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 30, 2022

Your 15 year old friend can't live with you and you could be charged with harboring a runaway. If your friend is being abused call CPS.

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: Hello I have a family law question.

My daughter just had a baby in November and baby tested positive for methamphetamines. Child protective services were called and she almost lost her baby to them but she had a good friend that she signed over Power of attorney to so her friend could take the baby. I didn't know about this... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 15, 2022

Based on these facts, CPS has likely been granted temporary custody of the baby due to the fact that drugs were found in its system at birth. CPS likely ran a background check on the friend and found that the friend posed a safe environment for the baby, so they've placed the baby with the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Can I assign guardianship of my adopted child to biological mom if she voluntarily signed away parental rights?

Child was placed in CPS care at birth. Biological father’s rights were taken by court. Biological mother voluntarily signed them away. I adopted the child, who is biologically my nephew. Mom is now stable and able to care for child. This is in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 27, 2021

This is a multi-layered question that poses more questions; which could result in different legal answers depending on how the questions are answered. I would strongly suggest you seek legal counsel to get a more accurate answer to your question.

I'm not sure what the reason is for...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: I am a guardian wanting to adopt. Is there an attorney that I can talk to about how to proceed?

I am the primary custodial guardian for my almost six year old grandson who I have had since he was one week old. My daughter has supervised visitation two hours twice a month. His biological father is a joint guardian with very limited visitation rights. I am wanting to adopt my grandson and not... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 12, 2021

You could reach out to a family law attorney in your area. Make sure that they specify that they handle adoptions (all family law attorneys do not handle adoptions). They can then provide information on how to proceed.

Good luck on adopting your grandson!!

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: What would happen to my stepdaughter (6yo) in the event of her mother's death in Texas?

I have been married to my stepdaughter's mother for 5 years. My stepdaughter has lived with her mom, myself, and her younger half-sister (my bio-daughter) that entire time. Her bio dad lives 1300 miles away and sees her 2 times a year, however, he does facetime 3-4 times a week. My... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Aug 20, 2021

There is a presumption that biological parents have a superior right to their children over anyone else. You would have to file for custody and show the court why it is in the best interest of the child that the court ignore that presumption in favor of you.

2 Answers | Asked in Family Law, Adoption, Antitrust and Appeals / Appellate Law for Texas on
Q: How do I file my evidence in appeallant federal court if my Attorney's not responding nor submitted ever
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 9, 2021

First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.

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1 Answer | Asked in Estate Planning, Adoption and Probate for Texas on
Q: I was adopted after my mother married my dad 1964. They had a natural to both daughter 10 yrs later. My father passed a

My mother and her mother is not dividing things up evenly she’s partial to her youngest. I was promised things by my dad but my sister has ended up getting 3/4 of things what can I do

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Jun 22, 2021

The answer turns on what the Will said. Adopted and born children are both the couple's children under the laws of heirship, which would apply if there was no Will.

From your description, it is not clear that either estate was probated. You may be writing about small items of greater...
Read more »

1 Answer | Asked in Adoption and Family Law for Texas on
Q: How do I change my child’s name if I do t know who the father is?

The man I thought was my child name is not the father. Paternity test confirmed that and he left . I am in a relation an that man has raised my child since he was approximately 5 months old. How do I change my sons name. If I do not know who the father is. I traced the time line and only came up... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 28, 2021

The court will likely want to appoint what is known as a publication attorney for the unknown father. Some courts will require you to file a motion for that and pay that attorney's fee.

Courts are not allowed to give you legal advice. So, you will have to research how to do it or you...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: I need help filling out paperwork and how to navigate a sapcr in Texas.

The non custodial parent lives in New York and just visited the kids this year after being away since January 2020. The other parent refuses to co-parent with me and chooses to speak with my toxic family members. Just recently on March 10, he lied to a family member and it resulted in a false CPS... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Mar 12, 2021

You should hire an experienced family law attorney.

The issues you outline will require some knowledge and experience with the law and procedure in order to be done correctly.

1 Answer | Asked in Elder Law, Family Law, Adoption and Animal / Dog Law for Texas on
Q: I’m 18 I got a puppy online and been taking care of it at my grama place I’m going my to my parents but I think there

Planing on giving it away what are my rights?

Teri A. Walter
Teri A. Walter
answered on Feb 11, 2021

Sorry, no matter how old you are, your parents get to make the rules about what they will allow in their house. If they don't want the puppy, I suggest you arrange another place to stay. No, they shouldn't give away your property, but if you're living at their house, you're... Read more »

1 Answer | Asked in Adoption and Family Law for Texas on
Q: I am wanting my step-dad to adopt me and wondering if it effects back child support?

I am currently 25 years and my real father hasn't paid any child support.

Rick  Davis
Rick Davis
answered on Feb 3, 2021

If you want to be adopted by your stepfather, your natural father will have to have his parental rights terminated either by a Voluntary Affidavit of Relinquishment or involuntarily through a Petition to Terminate parental rights. Your natural father's child support arrearages will still be... Read more »

1 Answer | Asked in Family Law and Adoption for Texas on
Q: My daughter was adopted by her grandparents one has died the other has demtia. She is now 17 and wants to live with me?

I live in Texas she lives in okla.

Kathy Elizabeth Roux
Kathy Elizabeth Roux
answered on Dec 19, 2020

You should contact an attorney in Oklahoma for legal advice regarding how to proceed since your daughter lives in Oklahoma.

2 Answers | Asked in Adoption and Family Law for Texas on
Q: how can my husband adopt my 11and 12 year old?

there father hasnt been around since they were 2yrs old hasnt paid child support or given anything financial. was given the oppertunity to write the state that he was the father and agreed that the sate help mee and its been 10yrs

Rick  Davis
Rick Davis
answered on Nov 3, 2020

In order for your husband to adopt, you would have to petition to terminate your children's father's parental rights. From what you described, you probably have the statutory bases to do so.

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