Protecting your Rights with the Expertise of an Attorney

The rule of law can yield too much interpretation, but also rely on precedence.  Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue, and implement strategies to provide the best possible outcome.

Recently, in the Court of Appeals Sixth Appellate District of Texas at Texarkana the case between Lisa Sullivan and Mandy Robert who were legally married in Kent Falls, Connecticut and currently both residents of Texas had decided that they wanted to adopt an infant child.  Lisa filed a petition to adopt the infant and the court granted her petition on January 22, 2014.  When the child was 3 and a half years old, Mandy filed for divorce.  In their agreed final divorce decree, the trial court found that Lisa was the child’s parent pursuant to the January 22, 2014 order which granted the adoption.  The court also gave Mandy and Lisa joint managing conservatorship of the child where Lisa would have the exclusive right to designate the child’s primary residence within the State of Texas.  The decree also stated, under the heading “Mutual Releases” that the “release did not include any future claims of adoption.

May 29, 2018, Mandy filed an original petition for adoption of the child.  June 25, 2018, Lisa filed a motion to dismiss Mandy’s petition for adoption for lack of standing.  February 6, 2019, Mandy filed an amended petition for adoption and a general denial to Lisa’s motion to dismiss.  Lisa would file a motion for judgement as a matter of law, arguing that the substantive law did not permit Mandy to adopt the child.  On March 18, 2019, after finding that Mandy had produced sufficient evidence to prove she had standing to file her petition, the trial court entered an order denying Lisa’s motion to dismiss for lack of standing and denying her motion for judgment as a matter of law.  The trial court, on May 10, 2019, found that Mandy’s adoption of the child was in the child’s best interest and entered and order granting the adoption.

The trial court found that Mandy had standing pursuant to Section 102.005(5) of the Texas Family Code, which provides, An original suit requesting only an adoption or for termination of the parent-child relationship joined with a petition for adoption may be filed by . . . (5) another adult whom the court determines to have had substantial past contact with the child sufficient to warrant standing to do so.

The final opinion was that Appellant Lisa Sullivan appeals from an order denying her motion to dismiss for lack of standing and an order granting Appellee Mandy Robert’s petition for adoption.  They found that sufficient evidence supported the trial court’s conclusion that Mandy had standing to pursue the adoption and that the adoption was in the child’s best interest affirming the judgment of the trial court.

This ruling is significant because it shows the importance of hiring an attorney to make sure you protect your rights when finalizing a case. It also touches upon the type of standing you need to adopt a child.  The divorce process is difficult enough as it is.  Children will make navigating the complexity of divorce crucial to future outcomes of the child particularly with same-sex marriages.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.