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Deciding to adopt your stepchild in Texas can be a positive step in strengthening your relationship. The process involved with stepparent adoption in Texas can be complex. Not only do you have legal issues but also emotional topics to sort through with your family. On top of that, you must follow the legal process and ultimately have a court approve your request. Today’s blog post from the Law Office of Bryan Fagan will help you understand the responsibilities you have as a stepparent trying to adopt your stepchild in Texas.
What does it mean to adopt your stepchild in Texas?
Before you begin your stepparent adoption case it is a good idea to understand the law related to this subject. The state of Texas allows for stepparents to adopt the child of their spouse. Once you become the parent of your stepchild you are no longer his or her stepparent. Rather, you become that child’s legal mother or father. This is a change in the rights and responsibilities you have concerning the child. The law in Texas treats adoptive parents and biological parents the same.
To begin the adoption process your stepchild needs to have lived with you for at least six months. This means that before filing your adoption suit you must show that the child has resided with you in your home. Going back and forth between your home and that of another person would not suffice. Rather, you need evidence that the child lives with you. Examples of this may include the child attending school in your neighborhood and receiving mail at your house.
The key part of this discussion is that your spouse and you must be legally married. Even if you consider the child to be your stepchild there must be a legal relationship between you and the child’s mother or father. Sometimes adults in a dating relationship will consider the child of their partner to be their stepchild. This will not work in a stepparent adoption. You may adopt that child. However, it would not be a stepparent adoption.
Parental rights termination for a stepparent adoption in Texas
The other necessary step for a stepparent adoption in Texas is terminating the parental rights of the other biological parent. Many people tend to gloss over this reality. However, when we are talking about a stepparent adoption there could only be two parents for a child. As a result, you must begin to consider what sort of plans are in place to terminate the parental rights of the other parent. Depending upon your specific situation there are two different types of termination cases to consider. Review these options and then consider speaking to an experienced attorney with the Law Office of Bryan Fagan.
The first type of parental rights termination case is a voluntary termination of parental rights. In a voluntary termination of parental rights, the parent agrees to have their parental rights terminated. Many times, a parent we’ll have a legal or CPS case history involving the child. The parent acknowledges that the child is best served by not being a part of their day-to-day life. As a result, the parent will agree to proceed with the termination. This is the less stressful and contentious manner of proceeding with a termination case in Texas.
The other type of parental rights termination case is an involuntary parental rights termination case in this scenario the parent does not agree with the termination suit. Rather, that parent will attempt to maintain their parental rights by showing that it is in the best interest of the child that he or she remain as a parent. To better understand adoption cases in Texas we should discuss the best interests of the child’s standard.
What are the best interests of the child in connection to a stepparent adoption case?
So, you would like to adopt your stepchild. This is a big step. Not only is it a big step for you but also for the child. Very clearly, you feel strongly about adopting your stepchild. The question that the court would be most concerned with is whether the adoption is in the best interests of your stepchild. Indeed, the best interests of the child’s standard are applied across many family law cases. Specifically, all cases involving children are analyzed through this lens.
Family court judges are given a great amount of latitude when it comes to making decisions regarding the best interests of children. The state of Texas has several criteria to look at when assessing the best interest of your child. For example, their social, emotional, and physical development all matter. What matters also is your history as a stepparent. The level of involvement you have had in the child’s life will factor into whether you are approved as an adoptive parent.
When it comes to terminating a parent’s parental rights, courts are usually hesitant to do so. The presumption in Texas is that a parent makes decisions that are in the best interests of a child. Courts also understand that parents play a major role in creating safety and stability for a child. As a result, you should not expect it to be easy to terminate a parent’s parental rights. The best you can do is prepare diligently and have quality representation alongside you throughout the process.
How will the court verify you are relationship with the child?
A family court will not simply take your word that you play an active and involved role in the life of the child. Certainly, a court will not terminate a biological parent’s parental rights based on your word alone. Rather, the court will want to investigate the circumstances further to determine whether it is in the best interest of the child that you adopt him or her.
The way a court performs this due diligence is by performing a home study. A home study involves a social worker coming to look at your home. This goes beyond ensuring that there are no safety defects or other issues like this. Not only is the home itself considered but your relationship to the child and the child’s biological parent. The social worker will determine how well your family coexists and relates to one another. This does not mean that you and your family must be perfect. However, it does mean that you all must be able to show that you can work together well as a family.
A background check is straightforward enough. The court wants to ensure that you do not have a criminal or CPS case background. Again, the court needs to be overwhelmed with your credentials as a stepparent to first terminate parental rights. From there, it would need to be shown that adopting the child is in the child’s best interests. Failing a background check is a sure far away to have your adoption attempt fail early on.
What to do if the biological parent does not want to cooperate?
On some level, it makes sense that the biological parent may not be happy with the idea of having their parental rights terminated. Not only does that parent likely love the child a great deal but the termination case hurts the pride of the parent. As a result, you should not necessarily expect that the biological parent will necessarily be thrilled about you trying to adopt their child. , it would take an extremely conscientious parent to admit to themselves that the child is better off with you as a parent.
With that said, it is not uncommon for a biological parent to not cooperate with your adoption lawsuit. Many times, you would have gotten the idea to adopt your stepchild because the biological parent is not involved in the child’s life. For instance, what if your stepchild constantly ran into issues with being able to spend time with their biological parent? If every time your stepchild was ready to be picked up for a weekend of visitation the other parent was not there. Surely, that would frustrate you.
Contacting an attorney to help with a stepparent adoption in Texas
When you have a biological parent who will not cooperate with you then it becomes time to consider hiring an experienced adoption attorney in Texas. The attorneys with the Law Office of Bryan Fagan know how to proceed in a situation like this. We understand that there are reasons why adoption can serve the best interests of a child. We will advocate strongly on behalf of you and your family. Our goal is to ensure the best interests of your stepchild are fought for and that you are given the best opportunity to win the adoption you are seeking.
How much of the adoption process involves legal formalities and document filing?
One of the major questions that the attorneys with the Law Office of Bryan Fagan receive relates to the legal formalities involved in the case. When you have a goal in a family law case all you can think about is the well-being of the child. However, the reality is that there are still legal requirements that must be met before your goal can be reached. To that end, an attorney can help you with making sure that you meet those legal requirements. Here is more information on how an attorney can help you win your stepparent adoption case.
There is certainly a considerable amount of paperwork involved in a stepparent adoption case. Not only are there documents like petitions, motions for termination, and final orders but there is the need to serve documents upon the biological parent. This takes planning. There is also a certain amount of skill involved when it comes to drafting these documents. The last thing you want to see happen is your case to struggle because documents were not filed correctly.
On top of that, you need to be able to maintain the structure of the case even when things go wrong. For example, how would you proceed if you were unable to serve the biological parent with notice of the lawsuit? You cannot proceed with A family law case of any kind without providing legal notice to all the parties. If you are unsuccessful in notifying the biological parent, you are not able to proceed. A family law attorney can help you identify the most efficient ways to proceed with your family law case.
How to talk to an attorney about your situation involving a stepparent adoption
At this stage, you likely feel fairly confident about your decision to move forward with a stepparent adoption case in Texas. At the very least, the idea is intriguing to you. Reading through today’s blog post has hopefully provided you with additional information about the stepparent adoption process. While your heart may be in the right place that does not guarantee you anything as far as having your adoption petition approved. To position yourself as best as possible in this case you need to consider several different factors.
Number one, you need to decide whether you understand the challenges of a stepparent adoption case. Again, this type of case is not a walk in the park. There is a fair degree of uncertainty and contentiousness that comes with a stepparent adoption case. Whether you are prepared for this will determine how successful you are. You and your spouse must be on the same page when it comes to this adoption. Talk with him or her before deciding to proceed with your adoption case.
From there, you absolutely must consider the best interests of the child. Not only are you talking about adopting the child but also terminating the parental rights of a biological parent. This is a major undertaking. Unlike most family law cases this is not a case that can be undone with an appeal or modification. Looking at the case from the perspective of the child is a worthy endeavor.
How an experienced family law attorney can help with your stepparent adoption
Once you do decide to move forward with your stepparent adoption case it is critical to do so with the fewest number of errors made. Contrary to what television shows and movies tell you, legal cases are not about making the biggest splash. Rather, a family law case can be most easily won by making the fewest mistakes possible. Unfortunately, it is more likely than not that you are not someone who has much experience when it comes to family law cases. After all, you have your job, family, and interests. It would be unrealistic to expect that you would have a great deal of experience handling family law cases. Where can you gain the necessary experience, you need to adopt your stepchild?
The most direct answer to this question is by working with an experienced family law attorney. Family law attorneys understand the complexities of a stepparent adoption case. We know that there is more to a case than the law and a courtroom. There are several emotional and relational issues that are always an important part of a stepparent adoption case. The attorneys with the Law Office of Bryan Fagan take your case seriously and would certainly be helpful to you and your family during this time.
Final thoughts on the stepparent adoption process in Texas
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. If you have any questions about the material you have read today please do not hesitate to reach out to our experienced family law attorneys. We offer free-of-charge consultations six days a week. Having the goal of a stepparent adoption is quite noble. You can greatly benefit the life of your stepchild, potentially. However, before you reach that point it is important to have a game plan.
The attorneys with the Law Office of Bryan Fagan offer you a great opportunity to develop a game plan and strategy geared toward success. We have had the opportunity to serve many stepparents who are in your exact situation. We take seriously the need that you have for qualified and experienced representation. When an attorney with the Law Office of Bryan Fagan works on your case that means the attorney puts you and your family first.
Any questions you have about the information in today’s blog post can be directed to one of the attorneys at the Law Office of Bryan Fagan. We welcome the opportunity to meet with you to discuss your case and to help you and your adoption circumstances.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
