Where to hire an attorney regarding a custody case that we want to file if we live in one state and the child lives in another?

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Where to hire an attorney regarding a custody case that we want to file if we live in one state and the child lives in another?

My sister-in-law has a 5 year old son that the paternal grandmother is the custodial parent of. The father signed away his rights when he was born. She has never signed away her rights. We want to adopt him and she wants us to have him as well. She is willing to sign her rights over to my husband and I. I have no idea how to even begin the process. We live in one state and her son is in another. Do I need a lawyer in their state or mine? Will I have to fight the grandmother for custody? Can we even adopt him? So many questions and so few answers! I don’t want to have to pay for a lawyer just to find out we can’t get him.

Asked on December 28, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the fact pattern of your question the county and state to hire a family law attoney concerning the custody matter that you have written about is in the county and state where the presumed custody order in favor of the grandmother arises.

Most likely you will have to fight the grandmother for custody if she will not willingly give up or share custody.

The only way to adopt the child is if one parent is willing to sign an adoption agreement where the court after a hearing approves such via a court order. In order to ascertain the chances of success as to what you wish to to, you will need to consult with a family law attorney.


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