Posted by C_in_OKC on 9/8/07 1:01pm
Msg #209929

I need a Texas-sized answer

There is a document I need to have signed by a relative that lives in Texas. According to the directions the form is to be, "Signed in the presence of two credible witnesses and verified by a person authorized to take an oath."

Are Notaries Public in Texas, "persons authorized to take an oath"?

TIA from the other side of the Red River,

Chris

Reply by Sylvia_FL on 9/8/07 1:50pm
Msg #209930

Notaries Public are authorized to take oaths in all states

Reply by Barb/MO on 9/8/07 1:57pm
Msg #209931

All NPs are authorized to ADMINISTER an oath

I'm going out on a limb here, not having seen the document from which you quote, but I'm thinking from what you've quoted, what's being said is that the form is to be VERIFIED by a person authorized TO TAKE an oath, not administer an oath. And, again, not having seen the document, but just going by my experience, commonly the one who is verifying is the person who's putting his/her signature to it as the one making the representations in the document itself.

So, look at your document again and see whether that person authorized to take an oath is your relative, rather than a NP.

Does that make sense?

Reply by Dennis D Broadbooks on 9/8/07 2:47pm
Msg #209936

Is There a Notary Certificate...

...on the document?

Reply by BrendaTx on 9/8/07 2:53pm
Msg #209937

Re: I need a Texas-sized answer - IMHO

it means you need a Texas notary...or any other person authorized to take an oath...a clerk at the courthouse, judiciary, certain members of the military, etc. Notary is the easiest route...don't let 'em forget the two witnesses. I don't even think we have rules which allude to "credible" witnesses...just make sure the witnesses have ID on them at the time of the signing.

Reply by C_in_OKC on 9/8/07 3:32pm
Msg #209944

Re: I need a Texas-sized answer - IMHO

I guess I should clarify a bit on the situation...

My wife and I are looking into adopting a relative, we now have custody of her. While perusing the websites about adoption I ran across the statute regarding consent. Here's a paste from the website:

How Consent Must Be Executed
Statute: Fam. Code § 161.103

A consent must be signed by the parent, whether or not a minor, witnessed by two credible witnesses, and verified by a person authorized to take oaths.

I was thinking to myself, "I know as an OK NP 'I' can administer an oath I wonder if the same applies to notaries in Texas?" So, since I'm not familiar with most (or any really) Texas NP rules, I thought I'd put it out there. I don't know if the form has a notary block on it as I haven't seen it yet. I know it will have to be signed eventually and the attorney will handle it on our behalf - so this was just a curiosity question. Thank you guys for your responses!

Reply by BrendaTx on 9/8/07 4:28pm
Msg #209948

Re: I need a Texas-sized answer - IMHO

I'll say it's 99.99% sure you'll need a Texas lawyer to terminate the parental rights and create the adoption, as well as an attorney ad litem or two. Been a long time since I was working in a family law office...however, it's not an easy process in most courts, in my experience. If it's anything like when I was exposed to it you'll need a social worker to do a case study, and it will take more than the affidavit of reliquishment of parental rights.

Other info you may want to look at in the family law code is by searching terms such as "suit affecting the parent-child relationship" and try googling the term "custody by a person with past substantial contact in Texas". People with past substantial contact (you) have some rights to the child and will give you some ideas of more angles. In the probate code you may want to look at "guardianship of a minor".

Guardianship, as I recall, can at least give you the right to cover the child with medical insurance and such if you have a medical insurance plan, as well as control and care.

I do not mean to be negative but I just know you may need more than an affidavit from Texas to set the wheels in motion...but the affidavit is a place to start. The bottom line is you'll need a Texas judge to see just cause to terminate the parental rights...and I never knew of a judge who'd do that without a sure vehicle in place to replace the one or two parents who would be terminating.

Just speculating but I'd say if you got a guardianship and didn't do a full adoption then there's always the chance that if the child's natural parents died or were disabled that child "might" be able to tap into SSI benefits even if you had guardianship over that child.

Not practicing law...just sharing a few memories from the past and working in a law office. A Texas lawyer with family law experience is your ticket. If funds are short, start with the local legal aid offices in the parents' current location.