CPS adoption representation in Texas

Adoption through CPS (Child Protective Services) means considering the different challenges and opportunities the case presents. In many ways, a CPS adoption case offers potential parents the greatest opportunity to better the life of a child. Children who are involved in CPS cases tend to struggle with issues in their lives like stability, consistent care and affection. Without these key factors in their lives these children may not be able to reach their full potential. 

This is where you and your spouse come in. If you are interested in adopting a child who is involved with CPS, then look no further. The attorneys with the Law Office of Bryan Fagan can work with you and your spouse to help prepare for you what is to come. From managing the legal complexities to handling your own emotions, the Law Office of Bryan Fagan is here to help. If you are seeking experienced CPS adoption representation in Texas read on to find out more about how the Law Office of Bryan Fagan can help you.

Legal and emotional challenges

CPS adoption cases come with their own unique legal and emotional challenges. Legally speaking an adoption contains two main parts. The first is a termination of the biological parent’s parental rights. Terminating a parent’s parental rights is a difficult step to take. Even when you have a child with whom you have a strong relationship and want to adopt there are still emotional and legal issues to sort through. Terminating the child’s relationship with his or her biological parents is just one of those steps.

This is a serious step to take for two people. Namely, when you are terminating a parent’s relationship with their child there is no going back. You are the person having to step into that void to represent the best interests of the child. Are you capable of doing this? Absolutely. Does it come with its own challenges- legal and otherwise? Yes, it does. Even when a potential adoptive parent believes in himself that does not make this step any less important or difficult. 

Balancing the legal and emotional challenges of a CPS adoption is critical to your success. Being able to do so positions you to be able to work through the hard times of a case. The result of a CPS adoption can be something beautiful for you and your adoptive child to share. However, to arrive at that outcome you must be able to manage these steps as they come up. There is no skipping of steps in a CPS adoption case. You must put your head down and get to work. The attorneys with the Law Office of Bryan Fagan can help. 

What role does CPS play in protecting a child?

CPS is a state agency this job it is to investigate potential incidents of abuse or neglect of children. These acts of abuse or neglect are reported to the agency anonymously. From there, CPS sends out investigators two families to conduct investigations. Based on the evidence collected in these investigations the agency can decide regarding whether it is likely that abuse or neglect has occurred.

Depending upon the results of the investigation different outcomes are possible for a child. For example, if it is determined that abuse and neglect were likely to have happened a CPS case may be opened. The purpose of the CPS case may be to put the child’s biological parents in a position where they need to make decisions about changing their lives. All of this is geared towards examining the situation from the perspective of the child’s best interests. Safety and stability are at the forefront of the agency’s concerns.

In most CPS cases, the goal of the agency is to reunite the child with his or her family. That is, if removal from the home is even necessary. As a potential adoptive family, you may be a relative of the child. Uncles, aunts and grandparents frequently act as caregivers for a child whose parent is involved in a complicated CPS case. Or you may be a foster parent or family friend. In any event, your relationship with the child must be established before an adoption can proceed.

Advantages to having an experienced family law attorney

An adoption case is like any other family law case in some regards. Perhaps most importantly, it is critical that you have representation if you would like the best possible results. This is not to say that you are required to have an attorney representing you in an adoption. However, as we have seen it is quite possible for there to be issues that come up during your adoption case. When you are working towards the adoption of a child the last thing you want is to find that unexpected problems create havoc for yourself or your potential adoptive son or daughter.

This is where having an attorney can pay major dividends. For instance, if you are beginning a case as an adoptive parent then there are certain requirements you need to be mindful of as far as your past relationship with the child. As in you need to have a preexisting relationship with the child to put yourself in the most advantageous position possible. An experienced family law attorney can help you identify potential problem areas of your case before they even come up. This can save you both time and money in the long haul. Additionally, it is in the best interests of the potential adopted child.

Interested in learning more about this process? Reach out to an attorney at the Law Office of Bryan Fagan. Our attorneys know how to walk alongside families through difficult and complex circumstances. We also recognize the tremendous opportunity here family has in potentially adapting a child. We will help you balance these competing interests to find a case strategy which serves everyone best.

What is a CPS adoption?

Adoptions in the context of a CPS case involves children who are in precarious and unfavorable situations. To be clear, CPS becomes involved in a family’s life when it appears that abuse or neglect of a child has occurred. Abuse or neglect of children is the primary motivating factor which would lead CPS to launch an investigation. Typically, the motivation of CPS is to reunite a child with their family in the event of a removal.

However, that is not always possible. In some instances, CPS conducts an investigation and finds that it is likely abuse or neglect of a child has occurred. In that case, CPS will attempt to provide services to the family to increase the likelihood of a reunification. Services include counseling, therapy, anger management another programs. CPS may simply help apparent find someone to fix a leaky roof or a broken step which is led to an injury.

If no relatives or family members are available to care for the child other options are pursued. Foster care is frequently an option for families who need time to fix some aspect of their lives. When a child is placed into foster care that means there is a real possibility that he or she may be removed from the home permanently. Hopefully this will motivate the parents to make the necessary changes in their lives. However, if those changes are not made then adoption may become an option.

CPS intervenes when a child is at risk of abuse, neglect or abandonment

Again, CPS becomes aware of potential incidents of abuse or neglect via their anonymous reporting line. CPS relies upon adults in the community to alert them to potential incidents regarding abuse or neglect. This way the agency can remain responsive to the needs of the community even though it cannot always be in every household. Much of the time reunification is possible for families. This is because either the circumstances are not deemed to be emergency or because a parent has taken the necessary steps to correct whatever issue is placing the child in a dangerous position.

If you are a concerned relative or foster parent to a child who is in CPS custody, then you have some decisions to make. Certainly, understanding the difficult position that the child is in is crucial. It would be ideal for CPS to never have to have gotten involved in the child’s life in the first place. On the other hand, being concerned enough to willingly act as a potential adoptive family gives the child options and the possibility of a safe and stable environment.

Talk with an attorney about how best to pursue an adoption under these circumstances. Rushing into a situation without a plan is not advisable. Certainly, it can give a child the wrong impression about the potential outcome of the CPS case. Ideally, you will have a pre-existing relationship with the child from immediately before the removal. If the child is placed into your home, then it is up to you to consider whether you would be in a position to welcome the child into your family.

Adoption means stability for a child

More than anything else, adopting a child means giving that boy or girl an ability to lead a safe and stable life. There are many challenges that a children involved in a CPS case face. One of those challenges is an inability to have experienced a stable environment at least in the recent past. This child may have been unable to sleep in their bed for the past several months. Now that you are becoming involved in their case it gives the child the ability to look forward to something stable.

In this type of case, judges make decisions based upon the best interests of the child. This means that a court looks at the situation from the perspective of the child first. Even if you are an eager and willing adoptive parent that does not mean that your petition to adopt will be approved. The child’s biological parents must have their rights terminated first. Then, your petition to adopt must be approved. Putting the cart before the horse can potentially ruin an otherwise solid position.

Talk with your spouse about the possibility of adopting a child. It is not uncommon for one spouse to jump the gun and make an emotional commitment to adopting a child. That can occur even before the houses have an opportunity to talk through their circumstances. Before this outcome happens in your family be sure to talk to your spouse first. Doing so can avoid bad outcomes and misunderstandings which may harm the potential adoptive child.

Complex legal process

An adoption involves potentially complex legal scenarios. It is not easy to terminate a parent’s parental rights. Even if the parent is facing a CPS case that does not make it simple determinate parental rights. You will need to submit a strong case with sufficient evidence to do so. This means preparing for a trial. There is no presumption in favor of you or your spouse when attempting to terminate parental rights. In fact, the presumption in Texas is that children benefit from having a relationship with their parent.

Even so, you can succeed in a CPS adoption by understanding the challenges ahead of you. By understanding these challenges, you provide yourself ample opportunity to serve the child in question well. Being able to work alongside an attorney is important in this regard. Terminating parental rights and moving forward with an adoption is a two-step dance. You cannot afford to get tripped up. Not only can the fall be painful, but it can also harm a child who is innocent throughout the process.

Reunification is the goal of CPS- in most cases

CPS will aim to reunify the child and his or her parents in most CPS cases. This does not necessarily mean that reunification is the goal in your circumstances. If it becomes apparent that CPS is leaning towards an argument to permanently remove the child from their home, then you may have an opportunity to enter seed on behalf of the child. Before you do so, however, it is necessary to work through digital outcomes to prepare for each of them.

Consider your own life and whether you and your spouse are ready to take on the challenge of adopting a son or daughter. If you are a foster parent this is an especially important time in your life. While it is understandable that your heart is telling you to act on behalf of the child it may not be practically possible for you to adopt this boy or girl. It is only after you consider the logistical, emotional, and financial realities that you would be able to make a decision like this.

Along the way, CPS may talk to you about your desire to adopt the child. When interacting with CPS it is important to be honest. It can be helpful for you to have an attorney guiding you. Just because you are not the focus of their investigation does not mean that CPS will not play a role in your adoption. As CPS gets to know you, they can make recommendations about an adoption. If you want to maximize your opportunity to adopt this child, then presenting yourself as favorably as possible to CPS is crucial.

What can adoption mean for a child in CPS custody?

Ultimately, finding CPS adoption representation in Texas it’s up to you and your family. When it comes to adopting a child that means looking out for the best interests of the boy or girl. Without a doubt, children who are caught in precarious situations need love and affection. Almost as important is the ability of the child to find a stable and safe environment. The attorneys with the Law Office of Bryan Fagan can tell you firsthand that children involved in CPS cases need help almost as much as any child in any family law case.

Adoption can mean a new beginning for the child. Imagine having never truly had an opportunity to lead a childhood. Many children involved in CPS cases find themselves having to act as parents more than children very early in their lives. Missing out on so many childhood experiences can have a profoundly negative impact on the child. Being willing to act as a support for the child and eventually as a parent can go a long way toward helping that child’s emotional and physical development.

Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our attorneys serve clients in CPS adoption cases with a great deal of pride. We know what it takes to help you accomplish your goals and serve the best interests of a child in your life. However, before we can help you it is best that you reach out to our office for a free-of-charge consultation. We can provide you with information about Texas adoption law. Most importantly, we can guide you from the perspective of your specific 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.