Ex wife trying to take my daughter

[Showkilr]

I was married to my current wife for 5 years, I filed for divorce in June of this year. I had a daughter when I went into this marriage, she is not the biological mother. She has filed a petition to terminate my daughter's biological mother and to adopt my daughter on her own and then take her away from me.   She is trying to terminate my daughter's biological mother based on the fact she does not pay support(untrue), and that she left my daughter(also not true).

1. What are her chances of this, why was she even allowed to file this?
2. My other concern is her attorney works on the committe with all the Judges, isn't this a conflict issue?
3. I live in dallas, Tx, Dallas county. Please help me.

[socrateaser]

>I was married to my current wife for 5 years, I filed for
>divorce in June of this year. I had a daughter when I went
>into this marriage, she is not the biological mother. She has
>filed a petition to terminate my daughter's biological mother
>and to adopt my daughter on her own and then take her away
>from me.   She is trying to terminate my daughter's biological
>mother based on the fact she does not pay support(untrue), and
>that she left my daughter(also not true).
>
>1. What are her chances of this, why was she even allowed to
>file this?

I don't have near enough facts.

A. Is your wife granted temporary/permanent custody of your child (be specific)?
B. If A is yes, then what were the court's findings re this custody grant?
C. What are the prior court custody and support orders between yourself and the natural mother of the child?  
D. Does the natural mother actually adhere to the orders?
E. How old is your daughter?
F. With whom does your daughter want to reside?

>2. My other concern is her attorney works on the committe with
>all the Judges, isn't this a conflict issue?

Is the judge of your case on this committee, or is the judge of your case a subordiante of a superior judge that serves on the committee? If yes, then that's probably grounds for a motion to recuse on grounds of potential bias.

>3. I live in dallas, Tx, Dallas county. Please help me.

Look on the bright side. If you lived in any of the other 49 states, you could be ordered to pay permanent spousal support to your wife -- but, not in the lone star state.

[Showkilr]

A. No she was just a stepmother, she is not her biological mother. She has no visitation rights.
C. I have sole custody of my daughter since she is 7 months old
D. her biological mother does pay support however she lives in another state and has not seen her since she is 2 but always sends cards on birthdays holidays,etc.
E. She is 8 years old
f. My daughter wants to be with me

The 1st Judge was not on her committee and threw my ex's petition out and told her she has no grounds even for visitation because she is not her biological parent.

Yes but for some ungodly reason I have to pay "temporary" spousal support payments of 500 a month until she finds a job.....go figure!

Thank you so much for your help.

[socrateaser]

>A. No she was just a stepmother, she is not her biological
>mother. She has no visitation rights.
>C. I have sole custody of my daughter since she is 7 months
>old
>D. her biological mother does pay support however she lives in
>another state and has not seen her since she is 2 but always
>sends cards on birthdays holidays,etc.
>E. She is 8 years old
>f. My daughter wants to be with me
>
>The 1st Judge was not on her committee and threw my ex's
>petition out and told her she has no grounds even for
>visitation because she is not her biological parent.

I believe that this judge was wrong. The required grounds are an established parent-child relationship. If your wife has such a relationship she can petition for visitation, but until she obtains actual custodial rights, which are more substantial than mere visitation, she has no standing to sue to try to terminate the natural parent's legal relationship with the child, because your wife almost certainly cannot show any actual or reasonably likely injury to the child that would occur were the court to refuse to hear your wife's petition to terminate the natural mother's legal relationship.

If you have sole custody at present, and the child wishes to live with you, then I can't imagine a judge who would consider a petition by a legal stranger to adopt the child, especially if the child is not living with the petitioner (i.e., your wife).

On the issue of disqualifying the TX judge because of the attorney, you can try to disqualify the judge, on grounds of potential bias, from the close extra-judicial relationship of the judge and attorney.

Lastly, from my recollection, TX courts can provide for temporary spousal support for up to three years from the date of dissolution of marriage. After that, you're off the hook.

[Showkilr]

Thank you for your help, I will keep you posted.