Legal Question in Family Law in Texas

To begin, thank you in advance for any help!

Texas--

Background: My 15 yr. old daughter wants my husband to adopt her, as he is the only father she has ever been with. (He didn't adopt her sooner because he wanted it to be her decision). We have been together since she was 1 month old. The biological father (my ex-husband) has never participated in her life (she has met him as I did take her for a handful of contact visits over the yrs & there has been sporatic at best written communication), is $65,000+ behind in CS (has not made any pymt ever), & is serving a 99 yr. sentence (convicted when my daughter was 4yrs.) for agg. robbery. (My divorce was completed in a neighborring county, but I have been a resident of my current county for 10+ yrs. I was granted sole conservatorship, the ex did not attend the hearing & was granted supervised visitation & ordered to pay CS)

When we discussed this, we started a savings acct. to pay for the adoption. (I'm ill so we have 1 income and our budget is streched & our credit for a loan is rotten) 6 days later, we learned that the court has been ordered (by the Tx CCA) to provide a new punishment phase of the trial, & it is posssible he could walk away a free man (est. time fame new hearing begins is 2-4 wks). My daughter wants the adoption to be in progress, if not completed, before this happens.

Question:

1. Do Tx. courts allow adoption petitions to be filed pro se, & if so, how difficult would it be do? (This option would save us a large amt. of $ in legal fees, thereby allowing us to file sooner)

2. If this IS allowed, & not too difficult, could I file in the county we reside in or would I need to file something with the county the divorce/custody was granted in?

3. Again assuming pro se is possible, do I file the petition or does my husband file?

Thanks to anyone that can answer these ?'s for me!


Asked on 9/28/10, 7:05 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

1. There's no requirement that you have a lawyer to file for an adoption. However, you really need one. Trust me.

2. You file the suit in the county where the child lives (103.001(b), Texas Family Code). In the same suit, you have to ask for termination of the father's rights.

3. You and your husband are both parties to the adoption suit.

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Answered on 10/03/10, 3:00 pm


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