Legal Question in Family Law in Texas

Adopting a Grandchild

I realize this is a very complex issue, but want to know what my options are. My daughter (who doesn't live w/ me) has a 2 yr old child that has been under my care since her birth. My daughter has a very wild lifestyle, and is very immature and irresponsible. She rarely even comes around and while it's obvious she doesn't care about the child, she won't sign her rights over to me. She even claimed her as a dependent on her taxes even though I pay for everything, including babysitters for the baby. No one knows for sure who is even the child's father, so he's obviously not in the picture. I'd like to know what I would need to do in order to try to get custody of this precious child. I love my daughter and don't want things to get messy, but my main concern is what's best for the baby.


Asked on 4/27/02, 12:12 am

2 Answers from Attorneys
John Pfister, Jr. Pfister & Associates

Re: Adopting a Grandchild

Since you have actual possession of the child, you can seek to have yourself appointed managing conservator of the child, meaning you have custody. Mom would be given visitation rights and could (probably would) be ordered to pay you child support. You at least get the tax deduction.

Good luck.

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Answered on 4/28/02, 9:44 am
Fran Brochstein Attorney & Mediator

Re: Adopting a Grandchild

Since you've had the child over 6 months, you have "standing" to go to court and get custody.

Please do not give the child to her mother if you are considering custody. Once you give the child to the mother, the clock stops and you have to start over again.

Once you file, even if your daughter shows up with the cops and wants the kid, they won't remove the child since there is a pending case.

I strongly urge you to consider doing this as soon as possible.

If you live in the Houston area, I do "Suits Affecting the Parent-Child Relationship".

My deposit is $895 and then I take weekly payments. I do not flat-rate cases.

Good luck

If you are interested call my office at 713-847-6000. Be sure to let me know that you found me on lawguru.com

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Answered on 4/28/02, 9:21 pm


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