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Texas Adoption Questions & Answers
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
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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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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
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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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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
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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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Family Law and Adoption for Texas on
Q: can adhd prevent me from moving out of my parents house without their permission?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 22, 2023

If you are 18 and can support yourself you can move

1 Answer | Asked in Adoption, Child Support and Divorce for Texas on
Q: Is it wise to set up child support payments to a bank account instead of through the Attorney Generals Office?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 23, 2023

It is not wise. The other party could claim it was a gift and you may have to pay double. Use the AG and you will not have any issues

1 Answer | Asked in Adoption for Texas on
Q: I have custody of my Niece who is 17 years old since my sister passed. I would like to adopt her. What do I need to do?

Her father isn't in her life like that. He hasn't had custody of her at all in her life. She will be turning 18 on Feb 3rd.

John Michael Frick
John Michael Frick
answered on Jan 6, 2023

Wait until Feb 3rd, and then file a petition for adoption in a family district court in Travis County if you both reside there.

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, 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
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
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... View 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... View More

Penny Wymyczak-White
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.... View 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.... View 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
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
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... View More

Penny Wymyczak-White
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... View 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... View 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...
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