Adoption/Termination
Adoption/Termination
Adoption and Termination of Parental Rights Attorneys in Frisco, Texas (TX)
Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas, Rockwall, Kaufman, Johnson and Cooke.
Adoption is a legal arrangement where parental rights and duties are transferred from a child’s natural or birth parent(s) to adoptive parent(s). In order for an adoption to occur, a biological parent must have his or her parental rights terminated. That process can occur voluntarily, where the biological parent agrees to terminate his or her parental rights, or involuntarily, where the parties litigate the issues to determine whether a party’s parental rights will be terminated.
If you are looking into adoption and termination of parental rights, our office can provide valuable guidance to you and your family and assist you throughout the legal process.
Voluntary Termination in Texas
Voluntary termination means that a child’s biological mother or father has consented to permanently give up his or her rights and responsibilities as to the child. The termination will not be revocable under Texas law, meaning the biological parent will never be able to reinstate his or her parental rights.
If a biological parent agrees to termination of his or her parental rights, he or she will need to complete an affidavit to that effect and file it with the court. A trial on termination will still need to take place, but it will involve a far shorter process than involuntary termination. The court will ask the biological parent certain questions about his or her decision and the process surrounding that decision to ensure that the parent understands the consequences of voluntary termination.
Voluntary termination is generally an easier process for adoptive parents, but it is a monumental decision that deserves careful consideration. Families should not take the process lightly, particularly when it comes to the potential emotional effects on the child.
Involuntary Termination in Texas
If a biological parent does not agree to termination of his or her parental rights, the court will need to decide whether it is in the best interest of the child to proceed with termination. There must be a legal reason for the court to grant involuntary termination, which might include abuse or neglect on the part of the biological parent, abandonment, endangerment, or another finding that the biological parent is unfit.
In some cases, the biological parent might be missing or unreachable. Adoptive parents will need to make every effort to notify the parent of the intended adoption, which can include publication in newspapers where the child was born or where the biological parent was last residing.
Involuntary termination will require a full trial with evidence as to why the biological parent’s rights should be terminated. At the end of the trial, the court will decide whether to terminate or to leave the biological parent’s rights intact. If the court decides not to terminate parental rights for any reason, the adoption process cannot move forward at that time.
Stepparent Adoption Process in Texas
Frequently, the termination of parental rights will occur in the same legal proceeding as the adoption. Courts do not want children to be without a legal parent for an extended period of time, so they will typically try to carry out termination and adoption proceedings as close in proximity to each other as possible. One of the most common situations where the proceedings happen at once is when a biological parent’s rights are terminated, and a stepparent adopts his or her step-child, thereby making the stepparent the legal guardian of the step-child, just as if the child was that stepparent’s biological child.
There are many factors a court considers when deciding to grant an adoption. Part of the process will include criminal background checks and a home study on the adoptive parent. The home study will include an interview with the adoptive parent and analysis of the home environment as it relates to the safety and wellbeing of the child.
When all reports and information have been submitted to the court, the court will need to be satisfied that it is in the best interest of the child to proceed with adoption. If the child is 12 years of age or older, the child also needs to consent to the adoption. If he or she does not consent, the court will need to waive the child’s consent in order for the adoption process to move forward. This would involve a finding by the court that termination and adoption were in the child’s best interest, irrespective of the child’s wishes.
During the termination proceedings or the adoption proceedings, the court might elect to appoint an amicus attorney, who can assist the court in determining what actions are in the child’s best interest.
Contact Grinke Stewart Law, PLLC to Speak to an Experienced Adoption/Termination Attorney
If you are considering adoption and termination of parental rights, contact us to review your situation and discuss your options. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter or click here to schedule a consultation with one of our attorneys.
