We are married lesbians, she is giving birth. I want a parentage order so I have legal rights as well, more than just being on the birth certificate. Can I get a parentage order without needing a lawyer?
The best thing to do is to do a second-parent adoption. Full faith and credit in all states, unfriendly Texas counties, etc. Texas has a powerful "no collateral attack" after 6 months for adoptions, meaning after 6 months, no chance of it later being set aside if there is a death and mean relatives come forward, a scorched-earth divorce, etc. Next best would be maternity/parentage order. Solid court order, full faith and credit, but slightly more open to attack later. The most risky is to rely on the marriage--and you will be able to get on birth certificate but that is not enough if there is any later problem, dispute, etc. Now if there is no father, anonymous donor sperm is used, you can hope for "presumed maternity" without court order, and hope no problems ever, and maybe that's enough. But it's risky. There is bad case law out of NY and Maryland for Mama2 in these situations, which I worry would influence unfriendly-to-LGBT-folks judges. Do the "family insurance" thing, and talk to a lawyer who knows a lot about LBGT adoption/parentage. I can do a phone consult for you if you like, I do a lot of LGBT and adoption/parentage, AAARTA Fellow, LGBT Family Law Institute, etc. Suggestion: think about getting legal sorted before the birth. If this is your first, you'll be too overwhelmed with baby stuff to think too much about legal docs. Whatever happens, best of luck, and congrats on the baby.See question
how i can find the form letter of terminating parental rights in order the childs be adopted in texas
Adoptions are one of my niche areas, and I would be happy to talk to you about how to get done what you need. I checked, and Texas Law Help does not seem to have a form Relinquishment of Parental Rights, but they do have an adoption guide: http://texaslawhelp.org/resource/common-questions-about-adoptions?ref=zdXDC There are some areas (amicable divorce) where there are good forms to be able to get the legal matter done without an attorney, but adoption is different. It is possible to terminate a parent's rights without a relinquishment, depending on the circumstances.See question
We have been together for 15 years.
It sounds like it would be really important for your partner to do a will and estate plan (which should also include medical power of attorney, other medical planning documents). If he is not mentally competent, there may be issues from this, but talk to an attorney about the specific circumstances to get some advice customized to your situation. My office is experienced with dealing with estate plans for ss couples and unmarried opposite sex couples, give me a call for a consult!See question
I find reference to the paperwork in the family code, health & safety code, and on the family court fees page but can't find the actual document(s). This question is in reference to adoption that has been finalised.
To end an adoption, you must hire an experienced adoption attorney. If it is through a CPS foster placement, there is support through them possible. Depending on the circumstances, adoptive parents who have a problem adoption may have options, but this is a very fact-specific issue, very much need to contact a lawyer who has dealt with CPS Refusal-to-Affect-Parental-Responsibility cases, experience/training on failed adoption issues. You can end up with CPS record if you do it wrong, and worst-case is even criminal prosecution. Or if this is trying to undo a CPS termination of parental rights, that can be extraordinarily difficult, but under certain circumstances, not impossible. Basically it is important to get a kid out of a bad situation and into a good one as part of this process, be aware that kid's best interest will be paramount for judge, social workers, etc.See question
By husband removed his daughter's name from the birth certificate and so now I am wanting to become his mom on his BC....our son is 11 yrs old. what is the best way to do this. Our son wants me as his mom and mother on his BC...
My office handles a lot of step-parent adoptions and sounds like that's exactly what you need. Give me a call for a consult! The fact that your husband is bio-grandfather doesn't change it much, should be fairly simple as these things go. As for birth certificate, the normal process is for the adopting parents (or their attorney) to contact Texas BVS to give them information after adoption court order done. BVS then amends the birth certificate.See question
We adopted my daughter at age 2. Her bio-parents rights were terminated due to severe neglect & a use. Somehow bio-dad enticed her with a phone & she is living w her bio- mom & her twin sister who do drugs & they will not return her home. My daugh...
There is a civil suit for interference with possession that family lawyers can file, along with a TRO and custody suit.
There is also a criminal offense about the same thing, so if you absolutely cannot afford an attorney, could try calling the police, filing a report on this.
Could also try CPS, but with such an old teen, I doubt they'd do much, and you should talk to a lawyer who deals with CPS a lot before you voluntarily invite CPS into your life.
Your best bet is a consult with a family attorney, who can do the TRO and SAPCR (custody) case you really want, and file the civil interference as well. Good luck!
one of my brothers had a baby and him and his girlfriend where hooked on drugs, my brother is a heavy drinker as well. He went to jail for grand theft auto, domestic violence, and some more charges. The Mother of my niece tried robbing a McDonald'...
You should find an attorney experienced with CPS cases, and specifically "relative interventions" into CPS cases. If you cannot afford an attorney, contact CPS, if you give the children's names and DOBs and ask for their case worker to call you back because you want to be a "relative placement," there is a tiny chance they could call you and it could work out without a lawyer. You could also try to get the child's mother to contact case worker and propose you as relative placement--if she likes the idea, tell her to write it in a letter to caseworker, harder for them to ignore it that way. Contact my office for a consult if you want--even if you cannot afford to hire me, I can give you some good advice on options. Good luck!See question
My 9 year olds biological father is not involved in her life. He is now a convicted child molester and is in and out of jail. I don't know his exact location, but my husband and I want to proceed with her adoption. My husband has been her dad sinc...
An adoption attorney can help you serve him through alternate service if he cannot be found--through a relative, or by publication as a last resort. I like Lauren Duffer in the DFW area.See question
My daughter is from a previous relationship, and I have two sons with my husband. He wants to adopt her so she feels more like part of the family. Her biological father has not been in her life what so ever. When she was 3 weeks old he was arreste...
His rights do need to be legally terminated, but given the facts, it does not sound like a hard case for your adoption attorney. If he will not relinquish (and always worth asking, handy if he does), then there are other grounds that can be used here--abandonment, criminal penalties, non-payment of child support. Hire an attorney knowledgable about adoptions to help you out. I practice in Bexar for cases like this, if you want to talk to me (and will do phone consults on cases like this). Or you can try AAAA for someone local:
My girlfriend and I (we are lesbians) have been together for a year and she had a 5 year old and a 11 year old. Unfortunately their father passed away this afternoon. Is there any way down the line, like a year or two from now that I can adopt the...
Yes. Go see an adoption attorney who represents a lot of ss couples in second parent adoptions. I like Lauren Duffer in the DFW area--and she's even in Arlington! Second parent adoptions by ss couples are increasingly common in Texas. Judges in friendly counties have been letting people in unfriendly counties waive venue and doing them statewide for years. But as you can see from other attorney answers, you really need to see someone who does a lot of LGBT legal issues, and has done a lot of adoption cases. There is a lot of misinformation about how this all works, since there are some counties where a judge is no-way no-how signing a second-parent adoption order.See question