Legal Question in Family Law in Texas

To make this easier, here is the family tree: Kris and Michelle were legally married at his time of death. I had Kris's child 6 months before his death. Michelle and Kris parented Kassidee. Now Michelle is in and out of jail and has lost Kass and her two other kids to CPS many, many times. To make it clear, Michelle's daughter and my daughter are half sisters. What are the legal and financial actions I must take to adopt Kass, Michelle's daughter? I live in Arkansas, the rest of them live in Texas.

Thank you.


Asked on 8/24/11, 3:40 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You would have to file a termination/adoption case in Texas. In Texas, a person has standing to file suit if that person is:

(1) a stepparent of the child;

(2) an adult who, as the result of a placement for adoption, has had actual possession and

control of the child at any time during the 30�day period preceding the filing of the petition;

(3) an adult who has had actual possession and control of the child for not less than two

months during the three-month period preceding the filing of the petition;

(4) an adult who has adopted, or is the foster parent of and has petitioned to adopt, a sibling

of the child; or

(5) another adult whom the court determines to have had substantial past contact with the

child sufficient to warrant standing to do so.

Once you can establish standing, you can pursue the suit. To succeed, you will have to convince the court that BOTH parents should have their rights terminated.

You will need a good family law attorney in Texas to do this for you. It would be best to hire one that regularly practices law in the county in which the child actually lives.

Good luck!!

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Answered on 9/11/11, 9:04 pm


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