Legal Question in Family Law in Texas

My wife had a baby when she was 16. A family friend wanted a baby and couldn't have one, and when she was 16 she couldn't pay her electric bill and panicked, and got talked into giving up her child in an open adoption. The family friend appeared to be happily married at the time, and my wife couldn't provide for her daughter. A few months after the adoption was finalized, the husband (or boyfriend, not sure) of the adoptive mother divorced her and never returned.

My wife has known her daughter, now 8 years old, her whole life. She has visited her whenever possible, and her daughter adores her.

Recently the adoptive mother has become involved with drugs, and was arrested along with her current boyfriend, a drug dealer. Although there were threats of involving CPS, this hasn't happened. My wife's daughter and her friend were present during the situation that resulted in the arrests, but they were whisked away by the adoptive mother's parents before the police arrived so they could lie about whether or not the children were there.

Since then the daughter has been living with the people she believes are her grandparents. My wife and I have a new baby girl, and the adoptive mother promised to tell her daughter that my wife is her real mother, and that she now has a baby sister, but this hasn't happened.

Because the adoptive mother is involved with drugs and completely careless about the welfare of my wife's biological daughter, we would like to take custody of her. We don't know how difficult this will be, or whether her daughter's wishes will matter to a court. Personally, I don't think it's right that a minor cannot legally enter into a contract to make a purchase, but they can enter into a contract to give up their parental rights, but I know that's the way the law works in Texas.

What are our chances of getting her daughter back? Should we involve CPS? How should we go about this?


Asked on 4/01/10, 12:53 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You'll want to look at 102.006 of the Texas Family Code. With one exception (consent given by the managing conservator), a parent whose rights have been terminated can't re-adopt th echild.

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Answered on 4/07/10, 8:45 am


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