Daily Archives: October 3, 2019

stepparent adoption
After the divorce has been declared final, the two ex-spouses have to face their new lives. They have to live with the terms of the divorce. This includes matters on child custody, visitation rights, child support, and alimony.  There is a big possibility that one or both ex-spouses will remarry. This should not be an issue for the other parent. After divorce, both are no longer bound to each other, aside from the ties to their child. If your ex-husband has remarried, there is a possibility that the new stepmother would want to adopt your child.  Conditions for a Stepparent Adopting a Child The intention to adopt a child would arise when the stepparent is taking full-time responsibility for the child. They would want to evolve from being a “step-family” to a legitimate family. However, the law requires consideration for the other parent. If your child’s stepmother wants to adopt your child, then your own parental rights would have to be eliminated. This requires your consent. No one can force you to agree with adoption if you wish to retain any parental right to your child. In this case, the petition will have to move to court as your ex-husband and his new wife request to terminate your parental rights. They have to prove any of the following: That you have abandoned your child. This means you have not communicated with your child nor provided any form of financial support through a certain period of time. For many states, it is usually a year.  That you are an unfit parent. In this case, most states would recommend a fitness hearing if needed. If there is a tendency or actual instances of abuse or mental conditions that could pose harm to the child. Also, if they prove that you are a […]

Does my Ex-Spouse and His New Wife have the Right to Adopt My Child?

Things to Expect in Family Law Courts in Texas
The things that you have to expect in family law courts in Texas could be one of the things you are concerned about. If you have just filed for divorce or recently started a child custody case, you would surely have a lot of questions about how things go in the family courts in Texas. Especially if you have never been to a court before, this can be a source of worry. First of all, you need to understand that in most family law issues, you don’t really have to go to court. There are options available to settle things outside the court legally. However, if the alternatives won’t work for you, you will have no choice but to bring your case to one of the family law courts in Texas. There, you can let the judge settle things. What Happens inside the Family Law Courts in Texas Family law courts in Texas, as the name suggests, take care of issues that revolve around families. Examples of these issues include divorce cases, child custody, child support, paternity determination, spousal support, annulment, termination of parental rights, adoption, and many others. Judges are placed in their positions in the family law courts of Texas in order to make decisions for the families when they can’t do it themselves. Once you file a family lawsuit, it will be assigned to a family law court in your county. People You Will Meet in the Family Courts in Texas For large counties in the state of Texas, there is a presiding judge who is elected to serve in certain courts. The presiding judge chooses an associate judge to serve with him or her. These appointed judges are not elected but they have the same power to make rulings on cases and they also handle similar […]

What to Expect in Texas Divorce Court

child's surname
A divorce will bring about numerous changes in a family. One can even say that there is no family anymore since there would only be a parent and a child in one home, with the other parent somewhere else.  Aside from the physical changes, there would also be legal changes, and that could reflect in the name of the divorced wife if she decides to use her maiden name again. However, the name of the child is a different matter. How to Change a Child’s Surname After Divorce After a divorce, the child’s name will still remain the same. Even if the mother decides to change her name and she has the primary custody (physical and legal), the surname of the child will not automatically change with hers. The Texas Family Code requires one to undergo certain steps before they can legally change the name of a minor. Even if they remarry, and the children will have stepparents, the child will not change his surname unless they file a petition. The next step will be the verification before the actual court order. Before this can happen, all the parents, guardians or conservator should sign their own verification of the petition. In other words, everyone must agree to the name change, and there is a need to cite a good reason for it. The verifications will have to be signed by all parties in the presence of a notary public. The notary will then verify that the parties concerned signed the petition in their presence. If the child is over ten years old, then he/she should express their consent on the petition. There is a separate form for that. Judge’s Decision The judge will hear out the petition and will ask the petitioner on their reasons for the name change. The […]

Can You Change Your Child’s Surname After Divorce?