Legal Question in Family Law in Texas

Adoption Reversal?

My wife had a baby with a man before I ever met her. It was a very abusive relationship, and she feared for her life and that of the baby. Feeling it was in the best interest of the child, my wife signed away custody to the baby's paternal grandmother in April 2006, when the child was 6. The grandmother had essentially taken the child 3 years earlier, and convinced my wife, who suffered from depression, it was best. Is it possible to get this reversed? Could my wife get her child back?

Thank you for your help.


Asked on 10/23/06, 8:43 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Adoption Reversal?

If she terminated her parental rights, and the adoption has been completed, she cannot go back and change it.

If she merely signed over custody and would like to re-establish her relationship with the child, that is a possibility.

If she would like to regain custody, the first place to start is to begin to see the child and re-establish a relationship with the child. For her to regain custody, the burden would be on HER to prove why moving the child would be in the child's best interests. Since she originally gave the child over to the grandparents, merely wanting to regain custody because she is the mom is not enough.

You need to begin by getting a certified copy of the last court order and taking it to an attorney to review.

Termination and visitation are totally different legal concepts in the State of Texas.

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Answered on 10/23/06, 10:59 am


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