Legal Question in Family Law in Texas

I have raised my girlfriends daughter since she was under a year old- she is not my biological daughter. I will refer to her as my daughter from here on out in my question. My girlfriend and I also have one son together. I have had both children during her 18 month jail time. When she got out of jail she began using meth again and so we have separated. My daughter wants to live with me. (It is important to note that my ex has a history of and ongoing problem with meth.) I know I do not have any rights to her as a blood relative as things are, but I wonder if I could possibly legally assume the rights of her paternal father whom she does not have any contact with, if he was willing to allow me to legally adopt. In return for assuming his rights, I could file for possession and conservatorship of my daughter- and he would no longer be responsible for child support.


Asked on 1/25/14, 1:47 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

If you had the child for over 6 months without the mother in the home, then you have standing to file for custody. You need to talk to a family law attorney in your county about this matter. There appears to be a court of continuing jurisdiction in this case so the case will go back to that court - usually - unless something has changed to move the case.

Thank you for taking this child & loving her.

Good luck!

www.familylaw4u.com

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Answered on 1/25/14, 6:06 pm


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