Legal Question in Family Law in Texas
Does his family have rights? (not grand-parents)
My child is 10 years old and was adopted by her step-father 6 years ago in conjunction with the bio-father relinquishing all parental rights. Her bio-father has been in jail and we have stayed in contact with his parents (by choice). However, I was recently contacted by a woman who claims to have a 13 yr old child by my ex-husband. She stated that she and her daughter have been writing to him and have discussed the two children meeting. I explained to her that I would not agree to any such meeting. Secondly, I stated that the bio-father gave up all rights to my daughter and therefore she should not even be contacting me. I feel that when he gave up his rights as a father he gave up his right to interfere with her life in any way until she was an adult. I realize that this other child is not directly "him" but in effect it is. I refuse to have my child informed of a matter such as "you have a sister" if I don't even know that it is. I am concerned because we live in the same town as the other child and her mother. What legal rights do I have or action can I take to prevent and/or deter any direct contact? Can we be harassed by this "other" (supposed) extended family? Does the other child have rights "now"? Please Help!
2 Answers from Attorneys
Re: Does his family have rights? (not grand-parents)
I address only the legal, not the moral/social matters implicit in your post.
The child has no "rights." Neither she nor her Mother have a right to intrude upon your privacy against your will. Send her a certified letter explaining that you do not wish any contact with or reminders of your past with the bio father, and that further attempts to interact with you or your daughter will be viewed as stalking attempts and reported as such to law enforcement.
The father also has no rights according to the information in your post.
Re: Does his family have rights? (not grand-parents)
I'm not certain that the girl's mother is violating any Texas stalking statutes, but I think you could obtain a permanent injunction to prevent any contact. Realistically, this may be difficult to enforce in a small town, but on the other hand, any violations would also be known. If you wish to pursue this option, you would have to contact a lawyer.