Laura Kalish's Answers

Texas contract law, enforceability of contract fine print, boilerplate language

Contract questions such as these can be tricky. I am guessing that the front of the contract probably refers to the back of the contract in some way, or else you had to sign or initial the back of the contract. Or possibly the pages are numbered as "1" and "2", or there is something to tie them together as one document in some way. If not, then you may be able to argue that the print on the back was not included and agreed to in your particular case. As far as what the sales rep said:...

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Unofficial adoptive grandparent rights

I practice adoption law in Montgomery County, Texas. You have two basic choices: 1) file for a termination of the biological parents' rights and adopt the child, or 2) file for legal rights over the child without terminating the biological parent's rights (they may or may not retainethe right to visitation and custody, but the judge will still order them to support the child). Unfortunately it is not as simple as filing notarized forms in court. There are other steps to be sure that any...

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Family adoption

I practice adoption law in Harris County, Texas. You do need to meet certain requirements to try to notify the father. When you file for termination and adoption, you will be able to request that you be allowed to "serve" notice of the suit in a manner that is different that normal (by publication in legal notices or posting on a door where lives or stays). Be ready to give details in a sworn affidavit about how you tried to get in touch with him, when, and what you believe are his current...

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My husband wants to adopt my daughter and her biological dad is willing to let him. Can I do this on my own?

You might. I agree with the previous answers, you would first need to review some information which can be done online or at a law library. Once you have done your paperwork and drafted the petition and you file it, you will be assigned a court. You can then go visit the court staff and ask what requirements that particular judge has for adoptions in his/her court. However, a judge might require that you have an attorney. You can also try contacting your local bar association and asking...

How do i adopt my nephew

There are ways to adopt a child even if you can't find the parents. However, you have to be sure that all of the legal requirements are met. You would file a petition with the court for termination of the parents' rights, and adoption by you. The judge will appoint an attorney to represent the child, and one for each of the absent parents. These attorneys will make recommendations to the court. There will also have to be a homestudy that is made by a qualified professional and submitted...

Adopted my nephew and things have changed can my mom adopt him from me

You can file an adoption for her to adopt him, and you will have to give up your rights. You don't say how long you have had him. If it has been under 2 years (especially if under one year), then the judge may question this more closely. However, since you are all apparently part of the same family and genetically related to each other that may help (because of less disruption to the child and the fact that he will be with his sisters). The law says that terminations and adoptions must be...

I want to know how I can adopt my stepdaugther? and biological father has never been involved

Even if the biodad's name is not on the birth certificate, he still has parental rights, unless and until they are terminated by court order. You will need to find an adoption attorney in your county and file a case to terminate his rights and grant parental rights to you. His failure to support or visit her may be grounds for his termination, assuming that he knew of her existence, or should have known. If he has filed a claim of paternity with the state of Texas, that will tend to show...

Can my husband adopt my son who does not have a father on the birth certificate?

Even if there is not a father listed on the birth certificate, his rights must still be legally terminated before your husband can adopt your son. Your husband will not be able to legally adopt your son without notifying (or making attempts to notify) your son's father. If he is notified, there is always that risk that he will decide to try to be a father and may get visitation rights with your son. It is not likely that any judge would order that your son be taken out of his home and...

My ex husband wants to sign his rights away to our three childre. My new husband want to adopt them. What should i know?

This is permissible in Texas, but it is not automatically granted. Usually, it is best if the couple is married at least 2 years, but that is not always necessary. It really depends on the situation and whether the home will be a good and stable one for the children. There will be an attorney appointed by the court (who you will have to pay) to look out for the children's best interests and interview everyone involved. You will need an attorney to help you through this process,...

Ok i was adopted in 2001 and i dont want this last name anymore how would i go on getting my old one back

You can file a petition to change your name on your own IF you are over 18. If you are still a minor, your parents will have to be involved with and give permission for this process. You will have to be ready to swear under oath that the name change is not for any "bad" purpose, such as avoiding creditors or avoiding prosecution under the law for a crime committed. The Judge may want you to explain why you want to change the name.