Legal Question in Family Law in Texas

STEP-PARENT ADOPTION--WHERE DO I NEED TO FILE?

I am in the Military currently living in Europe with my wife and children. I would like to adopt my step-children from her previous marriage. My wife has legal sole and residential custody of the children. The children have willing asked me to adopt them. Children were born in New York, marriage/divorce were in New York. Child support case heard seperately was also held in New York. I am a Texas resident.

Biological father lives in New York. He is an alcholic and has no contact with the children. He is not paying his court ordered child support payments. Last time he called the children was in December 2009, sometimes he goes for even longer periods of times. Last visit was in January 2009 we were living in the states, he came to visit for one day. Prior to that visit the last time he saw the children was in July 2006. Since January 2009 he has made no attempt to visit the children.He has our current address, contact numbers etc.

We've been in Europe since June 2009 but before then we were always located in the states and as stated before he has always been welcomed and has had her mailing/physical address and telephone numbers.

I've been told by Texas lawyers the step-parent adoption case is to be started and held in New York. When I called New York, lawyers they said it was Texas jurisdiction. Should I file in New York or Texas? I would really like to know where the case must be filed so I can get the process going. Any and all information would be helpful. Thank you for your time.


Asked on 6/02/10, 2:23 am

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, there appears to be two different schools of thought. First, assuming that your home of record and legal domicile is Texas; then Texas may be a proper jurisdiction to file the action. Second, with the New York court having already heard the case over the children and ordered child support; then New York may be a proper jurisdiction. What is the legal domicile of your wife and the children - despite your military orders putting you in Europe? Assuming that Texas in the legal domicile, then you and your spouse may also want to consider transfering the New York child support case to Texas. This would pretty much simplify things to Texas having jurisdiction. At that point, your could file the action in Texas and then proceed forward with the step-parent adoption upon a termination of parental rights of the biological father.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 6/02/10, 6:32 am


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