Get Free Answers From Experienced Lawyers!
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
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
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
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
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
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... View More
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
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... View More
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.
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)... View More
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
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
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
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... View More
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!!!
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
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
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... View More
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
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
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
J
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... View More
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.