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Are you currently going through an adoption? Will a divorce impact that adoption? These are relevant questions to ask yourselves. At the Law Office of Bryan Fagan, we understand that there are relevant questions to ask yourself throughout a family law case. Divorce and adoption can impact each other in various ways.
For instance, consider what can happen if you are involved in an adoption case but your spouse has just filed for divorce. This has the potential to impact your situation significantly. In today’s blog post, we will cover what it means to go through a divorce simultaneously with an adoption. As you will see, there is a distinct possibility that your adoption cannot proceed any further. However, depending on the specific situation a court may allow your adoption to proceed.
Additionally, after your adoption is complete many people still have questions about how your adopted children are treated in a divorce. In short, once you have adopted your children, they are treated the same as biological children. You should not expect a different kind of result with adopted versus biological children. However, we will go into greater detail about how child custody and child support are impacted in a divorce involving adopted children.
What are the basics of a Texas adoption?
The impact of divorce and adoption on one another is a common concern among Texas families. Thousands of Texas families seek to adopt children every year. Some specific motivations and circumstances are unique. However, one of the overarching themes is wanting to do what is best for a child. Deciding to adopt a child is an act of sacrifice. Identifying a child in need and seeking to do right by that child is an essential part of an adoption.
Adoptions involve two steps. The first step is a petition to adopt a child. Within that petition, you would specify the child and the persons seeking to adopt. Information about the circumstances of the child and your reasons for adoption may be included. Petitions for adoption may be granted so long as the adoption is in the best interest of the child. Looking at the situation from the perspective of the child’s safety, development, and health are all considered.
Additionally, an adoption may only occur after parental rights are terminated. If you and your spouse are attempting to adopt a child, then there must be two parents who have their rights terminated as a result of the adoption. Again, a court would need to determine that the termination of parental rights is in the best interests of the child.
Are you interested in an adoption but don’t know quite where to begin? Contact the Law Office of Bryan Fagan. Our experienced family law attorneys are here to guide you and help you accomplish your goals in an adoption case.
The best interests of the child matter in a divorce
In any Texas family law case involving children, the best interests of the child standard are utilized. This is a standard that attempts to incorporate several different factors when assessing the well-being of your child. Your child’s physical safety, mental well-being, and emotional development are all considered. Additionally, the parenting acumen of both mother and father are considered. In short, the best interests of the child’s standard is one that courts must look to when assessing the best interests of your child.
Frequently, in a divorce, the best interest of your child is assessed when looking at factors like primary custody. You can think of primary custody as a factor that arises in these cases and frequently leads to disagreement. Understandably, if you and your spouse both want to be primary conservatories of your child then coming up with evidence to support your contention is crucial. Importantly, your history as a parent when raising your child is of critical importance.
The best interests of the child standard are also applied in a case involving adoption. When it comes to terminating the parental rights of a biological parent or granting the adoption, the best interests of the child are at the forefront. Parents must be able to make a best interests argument in both divorce cases and adoptions. Having an experienced family law attorney to help guide your family during this type of analysis matters. Contact the Law Office of Bryan Fagan to learn more about how we can help you and your family.
A court will halt the adoption if occurring mid-adoption
Put yourself in the following hypothetical circumstance. Suppose that you are trying to adopt a little girl. You and your spouse have been going through the adoption process for more than a year. However, you have recently undergone a home study which is going to help further your chances of adopting this little girl. She has had an opportunity to spend time with you and your wife. You have a room picked out for her and she has gotten to know your family. The home study has gone well.
However, your wife blindsided you last week by filing a divorce petition. You didn’t quite know what to think when you received the document. Obviously, you are upset about the pending end of your marriage. However, your primary concern is with your prospective adopted daughter. What is going to happen to the adoption now that the divorce looks to be moving forward?
A family court judge would pause the divorce in this type of situation. You can expect that the court will look at your circumstances to determine whether it is feasible for the case to proceed or not. If you or your spouse want to pause the adoption, then that would be approved by the court. It would not be in the best interests of a child to push forward with an adoption that one or both prospective parents do not want. On the other hand, a court would have to consider the best interests of your child if one parent wants to continue with the adoption without the other.
An adoption can proceed if both parents are committed
On the other hand, consider what could happen if both you and your spouse wanted to proceed with the adoption despite the divorce. On the one hand, this may seem like an awkward situation to find yourself in. Indeed, I don’t think anyone would argue that it would be better if you and your spouse were remaining in your marriage. However, a court can still find that allowing this adoption to proceed would be in the best interests of the children.
It is likely that additional study would have to be put into your case. For example, a court would likely have to repeat the social study that was performed previously. Now the adoption may have to be paused, temporarily to allow you and your spouse to complete your divorce. This would also allow you to find more permanent housing and develop an identity independent of one another. From there, the court could identify whether your new circumstances still merit consideration to adopt the child.
Balancing a divorce and an adoption simultaneously is complicated. Make no mistake, there are many moving pieces in a case like this. The last thing you want to do is make a mistake or drop the ball unnecessarily. This is where the attorneys at the Law Office of Bryan Fagan can really help you and your family. If you feel like you need help in a family law case, please do not hesitate to reach out to the Law Office of Bryan Fagan. Our experienced family law attorneys can help you and your family.
Determining Custody and visitation in an adoption case
If, after the divorce occurs, it is determined the adoption should proceed then additional questions must be asked. Among those questions are what happens with child custody and visitation? Important questions about custody and visitation can be answered with a fan The court judge assisting. Or you and your ex-spouse can work together to solve these issues together.
In any event, co-parenting becomes incredibly important in a circumstance like this. Especially when you consider that the two of you are beginning a parenting journey which is new to both of you. Co-parenting is a term that is often used in family law cases. However, one of the most difficult aspects of a family law case is having to co-parent with a person you have just divorced. The irony is that this relationship is more important than any you have shared with this person before.
Identifying the need to effectively co-parent can take time and effort. Setting aside your own ego is something more easily said than done for many parents. However, if you can act with the best interests of your child in mind then he or she has a greater ability to achieve success. Certainly, the best interests of your child may not be what your best interests are. Being able to distinguish between these two realities is a critical factor in an adoption or divorce case.
A divorce during the adoption process can lead to a parent withdrawing from the adoption
If you are currently going through a divorce but have already started an adoption that it is time to seriously assess the situation. Most definitely, you should not feel pressured to continue with an adoption just because you have begun the process. The fact is that your present circumstances have changed so considerably that it is difficult to argue the reasons you started the adoption are still in place.
Rather, your life has changed considerably in the past few months. You may no longer be living in the same place. Any children from the marriage may now be under child custody orders. In short, it is worthwhile to reassess your life and determine whether an adoption still suits you and your family. Of course, looking at the case from the best interests of the child is also necessary. This is especially true if your co-parent decides to withdraw from the adoption.
At that point, the adoption process would be paused to determine whether you are still interested in the adoption of the child. Additionally, a court would have to reassess and make a new best-interest determination on whether you are still in a position to adopt the child. It is understandable to feel like you are being propelled towards an adoption once you have started. However, looking at the case from the perspective of the child can help you to identify whether to continue with the adoption.
A divorce can complicate the adoption process
Without a doubt, going through a divorce will complicate the adoption. As we just finished discussing a best interest determination will change if your marital status and living arrangements change. A court may no longer believe that the adoption is in the best interest of the child in the event of a divorce. This is true even if you and your ex-spouse agreed to continue with the adoption. Additional studies into your family and time will need to be taken to help the court determine the suitability of and adoption for your case.
Whether you had an attorney for your divorce or not, it is beneficial to consider a lawyer for your adoption. Undoubtedly, the divorce will play a role in the adoption. Even if the adoption proceeds despite the divorce you will have to create child custody orders as part of a child custody case. This is in addition to wrapping up any loose ends involved in the divorce. This is more reason to consider hiring an experienced child custody attorney today.
Begin by reaching out to an attorney at the Law Office of Bryan Fagan. Our attorneys know how to maximize your position within any family law case. This is what we do for clients from all different backgrounds. Our attorneys have the heart of a teacher. Additionally, our office does well in circumstances where a best interests determination needs to be made regarding children.
Working closely with a family law attorney during an adoption
Aside from adoptions impacted by divorce, most adoptions involve sensitive subject matter. From our experience, there is no such thing as a straightforward adoption. There are always legal consequences to important decisions like this. Additionally, there are matters regarding the termination of parental rights and preparing your family for home studies and other courtroom processes. An adoption means preparing yourself for a range of outcomes and emotional turmoil.
Managing all these factors alongside you is what the Law Office of Bryan Fagan excels at. Our attorneys take the responsibility of helping you and your family very seriously. From the day you sign up with our office, we identify your goals and push tirelessly to achieve those. From beginning to end, we will find that no other attorney in Texas values the relationships with the client like the Law Office of Bryan Fagan. Our attorneys know first-hand what it is like to succeed on behalf of a client and their family. This is equality that will become a part of your adoption case, as well.
The first step in this process is to consult with an attorney. There, you can ask questions and receive feedback about your case. It is important for you to be able to move forward with confidence. Building your family through adoption is a noble goal. However, before you can get there, a range of circumstances must be considered. Proceeding through the legal process means succeeding despite the ups and downs of a case.
Final thoughts on the relationship between adoptions and divorces
In some ways, adoptions and divorces represent the polar extremes of family law cases. Adoptions represent hope and growth in the family. Deciding to adopt a child means opening your home and your heart. It also means setting aside your own ambitions and wants in favor of those of a child. Adoptions offer family law participants some of the most gratifying moments possible in a courtroom.
On the other hand, divorces are among the most stressful and disheartening of all family law cases. Nobody truly wins in a divorce. Rather, people who go through a divorce do so only because it is the best of a range of bad options. However, even in a divorce, there are silver linings to the gray clouds. The attorneys with the Law Office of Bryan Fagan excel at helping spouses going through divorce cases find those silver linings.
Thank you for choosing to spend part of your day with us here on the blog for the Law Office of Bryan Fagan. Our experienced family law attorneys post unique and informative content here seven days a week.
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.
