Domestic Violence and Adoption in Texas

In marriages, domestic violence is an unfortunate but all-too-common issue that affects many individuals. Recently, domestic violence has gained significant attention as a pressing societal concern, and Texas has established laws to protect victims of domestic abuse. These legal protections extend not only to married couples but also to individuals who have experienced abuse within dating relationships. However, a common question that arises in this context is, “Can you adopt a child if you have a domestic violence charge?” It’s a critical consideration for individuals navigating the complexities of adoption in Texas while facing such legal challenges.

Protective Orders: A Real Remedy

You may have seen the concept of protective orders in movies and television shows, but they are a legitimate recourse for those who have suffered abuse from a spouse or partner. A protective order is a legal directive that mandates the abuser to cease all contact with the victim, whether in person, through electronic means, or over the phone. Additionally, it prohibits the abuser from approaching the victim’s residence or place of employment.

Understanding the Spectrum of Domestic Violence

It’s crucial to recognize that domestic violence encompasses various forms of abuse, not solely physical violence. Domestic abuse can manifest in numerous ways, including:

Harassing or Threatening Phone Calls: Perpetrators may employ constant harassing or threatening phone calls to intimidate their victims.

Stalking: Abusers may engage in stalking behaviors, relentlessly following their victims.

Surveillance: Some abusers resort to surveilling their victims’ activities, invading their privacy.

Threats: Domestic violence can also involve verbal or written threats against the victim or their family members. Importantly, these threats do not necessarily need to be carried out to be considered abusive.

Seeking Help: The First Step

For individuals who have experienced abuse from a spouse or partner, the initial step towards safety and legal recourse is often contacting their local police department. While there have been instances where authorities did not handle domestic violence cases adequately, police officers typically receive training to identify and address such situations effectively.

Medical Assistance and Social Services

Medical facilities and hospitals often have established protocols to assist individuals who have experienced abuse. Furthermore, the State of Texas offers social services designed to provide support and protection for those in similar situations, aiming to ensure the well-being of both the victim and their children.

Parental Rights in Texas

As a parent in Texas, you possess extensive rights regarding the control, care, and upbringing of your child. These rights encompass critical decisions such as determining where your child lives, which school they attend, their religious practices, and the medical treatment they receive. The state generally respects these parental rights unless it uncovers evidence of harm to the child or a failure to act in their best interests. 

However, it’s essential to note that having a domestic violence charge on your record can raise questions about your suitability as a parent, potentially affecting custody arrangements and complicating matters if you are considering adoption. The question of “can you adopt a child if you have a domestic violence charge” becomes particularly relevant in such situations, as it can significantly influence the outcome of adoption proceedings and parental rights evaluations.

Children’s Rights in Texas

Children also have fundamental rights, primarily related to their care, support, and well-being. These rights encompass essentials such as food, clothing, shelter, and education. In cases where a child’s safety is compromised, the state has the authority to intervene. Child Protective Services (CPS) cases, often arising from allegations of child abuse or neglect, represent some of the most challenging legal matters within family law.

Child Removal by CPS

CPS can only remove a child if they obtain a court order or if there is an emergency situation that necessitates immediate action. Subsequently, a court order is sought and obtained following a formal hearing.

Adoption in Texas

For those interested in adopting a child who is not a relative, the adoption process typically involves working with an adoption agency or a private entity. Adoption agencies in Texas are licensed to oversee the care of biological mothers who are considering placing their child up for adoption. Once the child is born, these agencies assist with the placement process.

The Adoption Process

Prospective adoptive parents should be prepared for a thorough background check when pursuing adoption. Waitlists for adoption agencies can vary significantly based on factors such as the nationality and location of the child. Alternatively, private adoptions provide a more direct route for adoptive parents to connect with willing biological mothers. Often, in such cases, adoptive parents may also cover the medical expenses of the birth mother.

Can You Adopt a Child if You Have a Domestic Violence Charge?

In Texas, having a domestic violence charge on your record can significantly impact your eligibility to adopt a child. Adoption agencies and courts prioritize the safety and well-being of the child above all else. Therefore, individuals with a history of domestic violence may face considerable scrutiny during the adoption process.

While having a domestic violence charge doesn’t necessarily disqualify you from adoption, it does raise concerns. Adoption agencies and courts will assess the circumstances surrounding the charge, the severity of the offense, any rehabilitation efforts, and whether the potential adoptive parent poses any ongoing risk to the child. Ultimately, the decision will depend on the specific details of the case and a thorough evaluation of the prospective adoptive parent’s ability to provide a safe and nurturing environment for the child.


For those interested in learning more about adoption in Texas, stay tuned for our upcoming blog post. If you have questions or require legal assistance regarding any of the topics discussed, please do not hesitate to contact the attorneys at the Law Office of Bryan Fagan, PLLC. We offer free consultations six days a week. We appreciate your interest, and we look forward to providing you with more information in our next post.

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