Legal Question in Family Law in Texas
reinstating mother's rights
At age 17 my daughter was pregnant and married. After the divorce her ex huband and new wife convinced her to sign over her legal rights to her child. She has remained in contact and had visitation with her daughter. The new wife and ''adoptive'' mother of my grandaughter is divorcing the father of my grandchild. She has been arrested on drug charges and is homeless now. Can my daughter reverse the adoption and reinstate her legal rights as biological mother? The ''adoptive'' mother has serious mental and drug abuse history. The ex husband wants my daughter to gain her legal rights back as her biological mother. What do we have to do to reverse this adoption and reinstate my daughter's rights?
1 Answer from Attorneys
Re: reinstating mother's rights
Assuming that the adoption of the child was final more than thirty days ago, and assuming there was no fraud or deceit, or legal deficiency in the process, then you cannot reverse the adoption.
The alternative is to have the adoptive mother's right terminated, or at least limited. Your daughter may be able to 'adopt' her child, or at least gain some conservatorship rights to the child.
Be prepared for a long, expensive and difficult road here. What you are proposing is far outside the norm, and will require a great deal of attorney time and attention. Hopefully the child resides in the same county as the termination and adoption procedures, as that is where you should retain an attorney.
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