Legal Question in Family Law in Texas
My husband currently has full custody of his two girls from his previous marriage. Their mother hardly ever sees them and is behind in child
Support by about 35,000$. She has said she will not sign over her rights for me to adopt them, is there any other legal document we could write and her sign just stating the kids can legally stay with me if something happens to my husband? She is fine with that just not actually signing over her rights. This has become a big issue because my husband is thinking of going back active duty.
1 Answer from Attorneys
It is unusual but I've had Harris County courts add an additional conservator. That way if anything happens to the father then you have your own rights to enforce.
If she never sees the kids and owes a bunch of money in child support, a judge might terminate her rights. The kids opinion would be important to know and old they are.
If you want to do a termination and step-parent adoption it takes awhile. Mom will get her own attorney if she cannot afford it. There will be a social study and a criminal background check on you. An attorney will also be appointed to represent the children's interests. Basically, it's complicated but it can be done.
I'd talk to an experienced family law attorney face-to-face and discuss your options.
If you need a referral, I recommend Patricia Bushman at 713-807-9405. I rent space in her law office. I no longer litigate so I won't take your case.
Happy New Year!
www.familylaw4u.com