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Texas Adoption Questions & Answers
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

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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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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Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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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

1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Rights for Texas on
Q: My identity was stolen and lots more very complex involves government agency overreach can you help me
James L. Arrasmith
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answered on Jan 21, 2025

I hear how distressing this identity theft situation is, and I understand you're dealing with multiple complex layers including government agencies. This must feel overwhelming, and you deserve support in navigating through it.

Your first steps should be to contact the Federal Trade...
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1 Answer | Asked in Adoption, Family Law and Child Custody for Texas on
Q: Is my step father in contempt of court and if so, will the court really care?

My parents were given guardianship over my daughter due to a drug addiction I had. My rights were not terminated and I was able to see her as often as I wanted after getting sober. Fast forward 2 years and my mother suddenly passes away. The circumstances of her passing were very suspicious I might... View More

John Michael Frick
John Michael Frick
answered on Jan 4, 2025

Simply calling the court will be unproductive.

You need to hire an attorney to file a motion for contempt or motion for enforcement on your behalf.

Expect to budget about $25,000 for this type of work on your behalf.

1 Answer | Asked in Family Law and Adoption for Texas on
Q: I'm being blackmail from my mom stating she's gonna adopt my 3 yr old baby w/out our consent & we have full custody

Father Ruben Serna of our baby & I'm mom Virginia Serna. We are not terminating our parent rights volunteering & parental rights not involuntary terminated

John Michael Frick
John Michael Frick
answered on Nov 20, 2024

Your mom cannot adopt your child without your consent unless your parental rights are terminated. So don't pay your mom the blackmail money.

1 Answer | Asked in Adoption for Texas on
Q: I am trying to adopt my grandson I had him since birth. His momma is in prison for life and his father is unknown.

I have full custody. He knows his mother but I want what is best for him. Due to his mother, I lost my, other grandkids to foster care. I don't have any money for a lawyer I try legal aid.

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

Legal aid organizations can often help with family law matters like an adoption of your grandchild if you are indigent and cannot afford an attorney. You should try Lone Star Legal Aid : https://www.lonestarlegal.org/

1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can my adopted mom (aunt) hold my legal documents if i am 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 (under my name). is this in anyways legal? and if she continues to refuse... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You can get your own SS card and birth certificate. Go to the post office and transfer yourail to the new address .

2 Answers | Asked in Family Law and Adoption for Texas on
Q: Can I obtain a live certificate of birth of my son after he has been adopted? I am his birth mother.
T. Augustus Claus
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answered on Sep 13, 2023

In Texas, once a child has been adopted, the original birth certificate is typically sealed, and a new birth certificate is issued with the adoptive parents' names. This new birth certificate reflects the adoptive parents as the legal parents of the child.

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1 Answer | Asked in Adoption and Family Law for Texas on
Q: Can I sue 2 cities Tulsa and Oklahoma City for releasing sealed birth certificate given to my birth son. Texan I am.

I had them sealed for life I was told .I went for 6 months approximately 1973 to 74. For birthing. unknown gender at time 1973, His bday March 2nd 1974. A judge ordered from Oklahoma City to Tulsa Okla for sealed document. They live in Miami Oklahoma now. There's no physical reasons he... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Probably not. The laws pertaining to sealed birth records has changed a lot since the 1970s. Adoptees frequently can access their own original birth records when they become adults, even though such records are “sealed” from the public.

3 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Adopting my cousin, questions on what to do.

Long story short my cousin needs out of the situation she’s in. All of my family is either on drugs, alcoholics or men in and out of the house. She needs a safe secure space so she doesn’t end up like them. Everyone seems to be on board because they agree she needs a better life. How would I go... View More

Melissa O'Neal
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answered on Aug 24, 2023

Before anything could be filed in Texas the child would have to be her for a minimum of 6 months. If everyone is in agreement, I would suggest start with getting a power of attorney for parental rights to get her to Texas. With the POA you could take care of getting her in school and medical, but... View More

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