Legal rights to child

[mkeating]

What is the name of your state (only U.S. law)? Texas.
My girlfriend and I are in a same sex relationship. She has a child and doesn't know who the father is due to a unfortuant situation. However I have beenw with her for 13yrs and since the child was in her stomach. I want to know what I can do to get legal rights to the child as well as her?

 

[mistoffolees]

It's going to be an uphill battle - with perhaps no win in the end. Can you get your GF to voluntarily spend time with the child? That is going to be BY FAR the best for everyone if you can work it out.

If that's not an option, 'best interests of the child' may apply. Rules for TX:
Third Parties' Rights to Custody of a Child - Lawyers.com
HOWEVER, even if you try to bring such an action, you have to establish standing to sue which could be a problem. In general, third parties do not have standing to sue for custody unless the parents are unfit. You have a little better chance for visitation rights, but even that's tough.

Talk with a local attorney to get an idea of what you're facing.

 

[ecmst12]

If the child has no legal father you might be able to adopt. Not so sure how Texas looks at same sex adoptions though. And depending on the "unfortunate situation" mom might have to notify all potential fathers of the pending adoption. You and mom should speak to a gay-friendly family attorney.

 

[stealth2]

It's going to be an uphill battle - with perhaps no win in the end. Can you get your GF to voluntarily spend time with the child? That is going to be BY FAR the best for everyone if you can work it out.

If that's not an option, 'best interests of the child' may apply. Rules for TX:
Third Parties' Rights to Custody of a Child - Lawyers.com
HOWEVER, even if you try to bring such an action, you have to establish standing to sue which could be a problem. In general, third parties do not have standing to sue for custody unless the parents are unfit. You have a little better chance for visitation rights, but even that's tough.

Talk with a local attorney to get an idea of what you're facing.

Okay, maybe I'm dense today, misto, but.... WHAT are you talking about? Where do you get the idea that Mom doesn't spend time with her child? Where do you get the idea that OP should be filing for custody? What makes you think she wants visitation rights, vs adopting the child. (Since this is, after all, the Adoption board...)

 

[TheGeekess]

Okay, maybe I'm dense today, misto, but.... WHAT are you talking about? Where do you get the idea that Mom doesn't spend time with her child? Where do you get the idea that OP should be filing for custody? What makes you think she wants visitation rights, vs adopting the child. (Since this is, after all, the Adoption board...)

I think Misto's confused and managed to misread the question.

 

[mistoffolees]

Okay, maybe I'm dense today, misto, but.... WHAT are you talking about? Where do you get the idea that Mom doesn't spend time with her child? Where do you get the idea that OP should be filing for custody? What makes you think she wants visitation rights, vs adopting the child. (Since this is, after all, the Adoption board...)

You're right - it's not clear what OP was asking for - and I jumped to a conclusion that wasn't justified.

I read it as if they were separating and OP wanted to have visitation/custody rights. That would be very difficult for OP to get.

If they're staying together and OP is looking to adopt, that will be very different. Gay couples have been allowed to adopt children in some states - I haven't checked this particular state.

So, let's go back to the beginning. OP, what are you trying to accomplish and what is the situation?

 

[CJane]

OP, I believe what you're looking for is "Second Parent Adoption". This is where one parent is already the legal parent of a child (via adoption, giving birth, etc) and another person - not a parent, and not a spouse of a parent - wants to adopt/have legal rights to the child.

This is possible in some counties in Texas, because it's been tried at the county level and there is no legislation making it illegal. However, there is not legislation declaring that it's legal either, only case law in very limited areas supporting it.

If the mother of the child agrees with this, and you're an intact couple, your chances of gaining legal rights to the child are probably 50/50 if you file in the right county in TX and have a very good attorney to argue the case.