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Texas Adoption Questions & Answers
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 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

Kristina L. Combs
Kristina L. Combs
answered on Sep 5, 2023

The child would need to live with you for 6 months in Texas before you can adopt her in Texas. The first step is to get her living with you. The parents would need to sign a power of attorney granting you guardianship over here in order for her to live with you and for you to be able to enroll her... View More

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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
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 1, 2023

It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps... View More

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2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

In Texas, gestational surrogacy is permitted under the Texas Family Code.

Here are the key provisions that you should be aware of:

1. Gestational Agreement: The gestational agreement must be in place and validated by a court before the birth.

This agreement outlines the...
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1 Answer | Asked in Family Law and Adoption for Texas on
Q: I have raised my Niece for the past 5 years since my sister passed. Can I adopt her since she's 18 without my husband?

I want to adopt my Niece, but am married. I want to know if I adopt her would my husband need to be involved, or is this something I can do without him? He knows about the adoption, but I don't want him to be on the adoption paperwork. Her biological father hasn't been involved in her... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

In Texas, an adult adoption (where the person being adopted is 18 years or older) is a much simpler process than adopting a minor. The consent of the adoptee is typically the main requirement.

Since your niece is 18, the adoption process doesn't require the consent of her biological...
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1 Answer | Asked in Family Law and Adoption for Texas on
Q: Would I need to find a way to contact my daughters bio dad for my husband to adopt her? She has my maiden last name.

Bio dad dropped off the face of the earth when I told him I was pregnant, it’s been over 4 years since my daughter was born. She has my last name. I am now married, my husband wants to adopt her- but I am afraid of the courts telling me I need to contact her bio dad for permission to change her... View More

John Michael Frick
John Michael Frick
answered on Dec 2, 2022

If your daughter's biological father is alive, you will first need to terminate his parent-child relationship before proceeding with a step-parent adoption. The attorney handling your husband's adoption of your daughter can do both in the same legal proceeding.

The termination...
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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 Adoption and Child Custody for Texas on
Q: I need help with child custody questions please. The case in kind of complex

My husband I are needing to get immediate custody of his daughter, my step daughter.

John Michael Frick
John Michael Frick
answered on May 15, 2023

You should contact an experienced family law attorney in or near the county where the case is pending. An “immediate” change of custody requires truly extraordinary facts showing that your stepdaughter is in imminent and serious danger. Don’t delay and don’t try to go with a bargain... View More

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2 Answers | Asked in Adoption, Family Law and Child Custody for Texas on
Q: Father trying to adopt his biological daughter after not knowing about her for her whole life.

I’m doing research for a novel I am working on and need help with a hypothetical scenario. A mother never told the father that she was pregnant, she raised the kid (but was drunk half the time and never had a proper will), but then she dies. The father is a registered foster parent and has two... View More

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

Paternity suit.

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1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: What action do I take to file for non parent custody in Texas since my granddaughter has been with me since birth?

One parent is on drugs and girlfriend on antipsychotic meds hears voices telling her to harm herself other parent has abuse the child neither have a stable home

Sharita Blacknall
Sharita Blacknall
answered on Mar 14, 2023

Hello. You just need to hire a lawyer to file a suit affecting parent child relationship and have both parents served.

1 Answer | Asked in Adoption, Child Custody, Family Law and Tax Law for Texas on
Q: Are there grandparent rights in Texas? If not what could I do to get custody of my granddaughter?

My grand daughter has lived with me since she was born, her mother has child abuse record and father is unstable no house no car smokes weed and his girlfriend is on antipsychotic medications she hears voices telling her to harm her self. The baby has lived with me all but 2 months of her life... View More

Sharita Blacknall
Sharita Blacknall
answered on Mar 14, 2023

Texas law does not grant automatic visitation or custody rights to grandparents. However, if the child has been living with you for more than six months, you are be eligible to ask for custody of the child as a non-parent under Texas Family Code section 102.003.

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