Legal Question in Family Law in Texas
custody
My wife and I took in her 16 year old sister and 3 month old son 6 years ago. We have been his surrogate parents through it all. His mother has decided to move away and may be willing to give us guardianship. She loves him, but knows that she cannot financialy or mentally handle raising him.The father died 2 years ago.What needs to be done .Could adoption be an option? Can a paralegal handle this or do we need a lawyer? Where do we start?
Thank you.
3 Answers from Attorneys
Re: custody
Whether guardianship or adoption, these are court orders. Only layers can work in couert. If you want to do this for the boy, see a lawyer & do it right. Good Luck.
Re: custody
Yes, adoption is an option. It depends on whether or not the mother is willing to give up her rights. If she wants to terminate her rights and let you and your wife become the child's parents you want an adoption. If she still wants to be part of the child's life but wants to be sure the child is cared for, you probably want a conservatorship. Guardianships are done through the probate courts and probably not the best choice.
There are a number of issues to consider here before deciding on the best way to proceed. You need to sit down with a family law attorney who can explain the pros and cons of adoptions, conservatorships, and guardianships before you go any further.
Feel free to call my office for a consultation, and good luck.
Re: custody
A paralegal cannot practice law in the State of Texas -- it's a felony-- if they do legal work on the side.
Therefore, call Patricia Bushman. She is excellent!