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Texas Adoption Questions & Answers
2 Answers | Asked in Probate, Adoption, Real Estate Law and Family Law for Texas on
Q: How can we transfer deceased brother's property to our name without a will?

My brother passed away 10 years ago without leaving a will. My adopted daughter is his biological child, and we have lived on his property since his passing. The property is still in his name. We have been paying the property taxes, although it's unclear under whose name they are recorded. No... View More

James Clifton
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James Clifton
answered on Sep 28, 2025

Sometimes the easiest way to transfer property is through an affidavit of heirship. However, all of the heirs of the estate have to sign off on the paperwork. They all have to be willing to transfer the property to you or your adopted daughter as well. If there are any holdouts, you will not be... View More

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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

James Clifton
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James Clifton
answered on Mar 5, 2025

First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption... View More

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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

Gratia "Grace" P. Schoemakers
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answered on Mar 5, 2025

It depends. If your spouse left the house to only you in a will, no one other than you has a right to the house.

However if he left it in shares to multiple people under the will (including the child that he gave up for adoption), multiple people would have a right to it, including the...
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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

Isaac Shutt
Isaac Shutt
answered on Mar 5, 2025

To answer this question specifically, we'd have to know more. Specifically:

1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of...
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2 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: What are my options legally after having my grandson for over 30 days straight?

His parents dropped him off and have excuse after excuse of why they cannot get him. At this point I do not want him with them because they cannot care for him but I do not know what my options are legally.

Raymond Chow
Raymond Chow
answered on Feb 28, 2025

The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A) voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return;

(B)...
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1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Civil Litigation for Texas on
Q: I asked to appeal the trial courts order and my lawyer said no what do I do?

He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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2 Answers | Asked in Immigration Law and Adoption for Texas on
Q: Dear Sirs, and Ma'am's ; I was Born in 1943 and arrived in Ellis Island. I need a Birth Certificate!

I have never seen one. I was allowed to join the Navy back in the sixties when My adoptive? father signed for me. Wouldn't he have had to show said document? I have gone to the place I was raised and they have no record. HELP!!!

James L. Arrasmith
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answered on May 13, 2024

It sounds like you need assistance obtaining a birth certificate, which is essential for various legal and personal matters. Since you were born in 1943 and arrived at Ellis Island, it is possible that your birth records are held in the country where you were born or in the archives related to... View More

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1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can’t my (adopted mom) aunt-hold my legal documents if i’m 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2024

While it is probably wrong for your aunt to withhold important documents like your social security card and birth certificate from you, I doubt law enforcement will deign to get involved. Simply request duplicates from the appropriate government office.

A person cannot lawfully divert mail...
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2 Answers | Asked in Adoption and Family Law for Texas on
Q: If I file a non suit for a family civil suit will I still have to go to a hearing to grant the non suit?

The family civil suit is an adoption/Termination of parental rights. I filled a motion to transfer to move the case from on county to another due to moving and a hearing was set in the county four hours away. I cant go to the hearing and want to just nonsuit the case and restart everything in the... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

Yes, you can. And it actually makes sense if you haven't gotten very far in the process yet in the original county. If the case is transferred, you will likely have to pay a new filing fee for the new county anyway. You will, however, have to pay again to issue citation and serve the... View More

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1 Answer | Asked in Adoption and Family Law for Texas on
Q: Hi, I am looking for a way to adopt my grandson I have full custody of him. I am looking for bro lawyer
John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Many family law attorneys handle adoption cases. Assuming your grandson's parents are dead, an adoption proceeding should be relatively simple. If either parent is still living, it becomes a little more complicated if the living parent(s) is agreeable to the adoption. If there is one or... View More

1 Answer | Asked in Estate Planning, Family Law, Adoption and Probate for Texas on
Q: My uncle adopted me as his son in 2008 in Turkey. And he was a US Citizen. Now he passed away and his wife kicked me out

J

Isaac Shutt
Isaac Shutt
answered on Jan 28, 2024

Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.

If your father had a valid last will and testament, it's possible he gave...
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1 Answer | Asked in Family Law and Adoption for Texas on
Q: My husband is going to be adopted by his best friends parents. What decision making rights will they then obtain?
T. Augustus Claus
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answered on Jan 10, 2024

The adoptive parents will typically gain full legal parental rights, including decision-making authority for your husband. This encompasses various aspects of his life, such as education, medical care, and other important matters. After the adoption is finalized, your husband's legal... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Texas on
Q: How can I regain legal custody of my daughter from an adoption?

In 2013, my aunt adopted my daughter through what I believe was a closed adoption in Texas. She told me that this would help remove CPS issues and that once I was stable, my daughter could return to me without further CPS involvement. In 2022, my aunt called me to take my daughter back, and she has... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2025

In your circumstance, you would need to do a termination and adoption to terminate your aunt's parental rights and to establish the parent-child relationship (again) between you and your daughter. As long as your aunt is agreeable and CPS is no longer involved, this should be doable.

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1 Answer | Asked in Adoption and Family Law for Texas on
Q: What petition for my boyfriend to adopt my son in Texas?

I live in Texas, Jefferson County, and I have full custody of my 6-year-old son. I've never known his biological father, and there aren't any court rulings regarding paternity. My boyfriend, who my son considers his father, has been positively involved in his life for over four years. We... View More

James L. Arrasmith
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answered on Sep 23, 2025

In Texas, the process your boyfriend would need to follow to adopt your son is called a “stepparent adoption,” even though you are not married. Because the biological father is unknown and there are no paternity rulings, the court will need to establish that his parental rights are either... View More

1 Answer | Asked in Child Custody, Adoption, Domestic Violence and Family Law for Texas on
Q: Seeking affordable paralegal help for child custody, terminating parental rights, and protection order forms in Texas.

I am the mother seeking custody of my child and need help with terminating parental rights for my stepdaughter, whom I adopted but can no longer care for. Additionally, I need a protection order against my husband who sends abusive texts. I moved to my mother's home three months ago and have... View More

James L. Arrasmith
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answered on Sep 17, 2025

Since your resources are limited, you can start by looking for legal aid organizations in Texas that provide low-cost or free assistance for family law matters. Many nonprofits and county legal aid offices can help with child custody, terminating parental rights, and protection orders. You can... View More

1 Answer | Asked in Adoption and Family Law for Texas on
Q: What petition needed for step-parent adoption in Texas?

I have custody of my 6-year-old son, and his father is unknown. My partner, who I am not married to, has been taking care of him for over 4 years. There are no legal issues currently. What type of petition do I need to file for my partner to adopt my son in the state of Texas? I am unfamiliar with... View More

James L. Arrasmith
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answered on Sep 16, 2025

In Texas, the process your partner would need to follow is called a step-parent adoption. Since you have legal custody and the child’s biological father is unknown, your partner can file a petition for adoption with the local probate court in the county where you live. The petition formally asks... View More

1 Answer | Asked in Adoption and Family Law for Texas on
Q: Can my boyfriend adopt my son in Texas with no known father and we're not married?

I would like to know if my boyfriend can adopt my 6-year-old son. We have been together for over 4 years but are not married. I do not know who my son's father is, so I believe a termination of parental rights may not be necessary. My boyfriend is not on any legal records for my son but he... View More

James L. Arrasmith
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answered on Sep 16, 2025

Since your son’s father is unknown and has not established any legal rights, the adoption process in Texas may be more straightforward, but it still requires going through the court. You and your boyfriend will need to file a petition for stepparent or second-parent adoption with your local... View More

1 Answer | Asked in Adoption, Family Law and Juvenile Law for Texas on
Q: Facing manipulation from adoptive parent, want to live with biological dad in Texas. How can I legally move in?

I am sixteen and will soon be turning seventeen. I was adopted on November 19, 2021, but I am currently facing manipulation from my adoptive parent, which is affecting my mental health. I have been hospitalized due to these issues and I do not want to return home. No authority seems to believe my... View More

James L. Arrasmith
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answered on Aug 28, 2025

Since you were adopted, your adoptive parent has full legal custody unless a court changes that arrangement. That means you cannot simply move in with your biological father without going through a legal process. Even though you are close to seventeen, the law still requires a court order for you... View More

1 Answer | Asked in Adoption and Family Law for Texas on
Q: How can I confirm if I am adopted in Texas?

I have reasons to believe I might be adopted. I don't look like my parents, and my brother also thinks I might be adopted. When I brought it up with my mother, she got very defensive. I'm not on my parents' records, unlike my brother, and I appear more Mexican, although my mom says... View More

James L. Arrasmith
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answered on Jul 28, 2025

What you're feeling is completely valid, and it's okay to want answers about where you come from. If you were adopted in Texas, there would be a legal record of that, but adoption files are typically sealed by the state. However, as an adult, you have the right to request certain records... View More

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