by Mokolo LawHow to Adopt a Child in Texas
In adoption, a child is not given up. A birth mother gives life, a child a family, and unconditional love. She gives a part of her heart that will never feel whole. She gives another mother a part of her heart that was always missing. An adoptive mother gives a life and family to this child. She gives unconditional love. She gives a part of her heart to another mother. Yes, give a lot—just never give up. – Tena Cooper
How to Adopt a Child in Texas: Adopting a child is a whole lot of responsibilities that could bring joy and happiness to a family or an individual. It is also a life-changing decision. The adoption process in Texas is overseen by specific laws and steps created to ensure the best interests of the child and provide support for potential parents. Whether you are adopting an infant or a grown child through the foster care system, having a perfect understanding of the legal requirements, timeframes, and emotional considerations is very important. Adopting a child is a monumental decision, and the process involves much more than signing a few papers. The termination of parental rights by the biological parents is necessary for all types of adoptions. The court might grant the adoption for relatives and stepparents if only one biological parent terminated their rights or if the adoptive parent cared for the child for a specific time.
This article will give you a clear insight into how to adopt a child in Texas, the types of adoption in Texas and the key stages you will have to go through in adopting a child in Texas, from initial preparation to finalizing the adoption in court.
How to Adopt a Child in Texas
Types of Child Adoption in Texas
There are numerous types of adoption in Texas. Learning about all of them will help you to choose the path that’s right for you as an individual or for your family. The type of adoption depends on your circumstances:
- Private domestic adoption
- Relative adoption
- Stepparent adoption
- Foster care adoption
- International adoption
1. Private Adoption
This is usually the most common adoption option for families looking to adopt an infant. The potential adoptive parent will work hand-in-hand with an adoption agency approved by the Texas Residential Child Care Licensing (RCCL) department. This agency will be in charge of conducting a home study and beginning the search for potential matches for adoption. Out of all the different types of adoption in Texas, private infant adoption is the best way to adopt a newborn.
With a private domestic adoption, you would work with a professional to adopt a newborn in Texas. The private adoption agencies provide options for both domestic and international adoption. The laws may differ for international adoption procedures, so having an experienced adoption attorney in your corner can help you stay on top of the legal requirements.
2. Relative Adoption
In some cases, relatives such as grandparents, aunts, and uncles take over a child’s care when their biological parents are unable or unwilling to take responsibility. Normally, one or both parents need to terminate parental rights before an adoption is possible. However, if the child has been in your primary care for a significant amount of time, you may still be able to adopt them legally.
Adopting a child with or without parental consent requires the court to decide whether it is in the child’s best interest. Contact our adoption lawyers to learn more about the termination of parental rights and how it can be a legal hurdle for adoption.
3. Stepparent Adoption
Stepparent adoption is a big step for a blended family. The process starts with you and your spouse petitioning for the adoption and having the biological parent without custody terminate their parental rights. If the child is over 12 years old, you’ll also need their consent before you can adopt them. Even though stepparent adoptions are not like other types of adoptions, every stepparent must understand what is expected of them. Stepparent adoptions can be very straightforward because of the preexisting bond between the adoptee and the stepparent.
Sometimes former stepparents can adopt a child after providing care for at least 6–12 months before filing for adoption. The requirements depend on whether one or both biological parents have terminated their parental rights. You may need to go to court with the help of an adoption attorney.
4. Foster Care Adoption
Adopting through foster care is possibly the most challenging route to adoption, though perhaps the most rewarding. Most children in foster care will be older kids who came from high-risk environments where they experienced abuse or neglect. Whether you are the foster parent or adopting a child out of foster care, there could be a significant waiting period before the adoption is possible.
The purpose of foster care is to provide a child with a safe, temporary home while a state judge decides whether a child’s biological parents can parent them again. The court will require background information on the child and the adoptive parents, including records on the child’s health and education and a criminal history report on the parents seeking the adoption.
5. International Adoption
This is the process of adopting a child or children from another country. Adoptions across international borders are among the most challenging for obvious reasons. The first step in international adoption is usually contacting an adoption agency in the country where the child lives. International adoption agencies usually ask prospective parents to make multiple trips to the country before they are deemed suitable parents.
A child born outside of the United States will also need a visa to enter the country. The visa application process alone can be incredibly challenging and discouraging for parents seeking to adopt internationally. The Hague Convention on Intercountry Adoption must also be followed for any international adoption to be legal.
The Difference Between Child Adoption and Child Custody
Child adoption disconnects the relationship between the biological parent and the child. It terminates the parents’ rights to that child forever. And the child automatically has full inheritance rights to the adoptive parents. If an adoptive parent dies without a will, the adopted child generally inherits as if they were a biological child. They no longer have any financial obligations to the child, no rights to see the child, no rights to stay in touch with the child, etc. This is not the case in a conservator-child relationship (unless a will says otherwise).
Unlike child adoption, child custody does not sever either parent’s parental rights to the child. If a father failed to seek custody—primary or physical—of the child, the mother or other parent would still have custody rights to the child, such as visitation, etc. Sometimes a court gives custody (conservatorship) of a child to someone who is not the biological parent through a Suit Affecting the Parent-Child Relationship (SAPCR).
What is Child Protective Services (CPS)?
Child Protective Services (CPS) is a governmental agency responsible for investigating reports of child maltreatment, determining whether child abuse or neglect has occurred, and intervening to ensure a safe environment for the child. Child Protective Services can also supervise adoptions. Children in these adoptions have been removed from their previous homes because their parents lost their parental rights. Neglect, abuse, or abandonment are common causes of termination of parental rights.
The child is temporarily placed with a foster home after CPS successfully petitions the court to terminate parental rights. A child may be permanently placed with a family in certain circumstances.
Criteria to Meet for Child Adoption in Texas
Prospective parents must meet various criteria to adopt, and it is essential to note that marriage isn’t a requirement:
- Parents must be at least 21 years old.
- Parents must be in good physical and mental health.
- Parents must pass a criminal background check.
- Parents must have the financial means to support the child.
- The adoptive parents must be married for at least two years if married.
Background Checks and Home Study Requirements for Prospective Adoption Parents
All prospective adoptive parents in Texas must pass a criminal background check and child abuse registry screening. A home study is also required to evaluate the adoptive parents’ living environment, financial stability, and overall readiness to care for a child.
The home study process typically involves:
- Interviews with all household members
- A review of financial records and employment history
- A physical inspection of the home to ensure it is safe and suitable for a child
These steps help verify that the adoption is in the child’s best interest and that the adoptive parents are prepared to meet their responsibilities.
The Process of Adoption in Texas
Filing the Petition for Adoption
The adoption process in Texas begins with filing a petition with the appropriate court. This document formally requests legal recognition of the adoption and outlines the adoptive parents’ intent to assume parental rights and responsibilities.
The petition must include:
- The adoptive parents’ personal information
- Details about the child being adopted
- Confirmation that all legal requirements, such as background checks and home studies, have been completed
Rights of Birth Parents in the Adoption Process
For an adoption to proceed in Texas, the child’s birth parents must provide legal consent. Consent involves signing a document that voluntarily terminates their parental rights. Texas law requires this consent to be:
- Signed at least 48 hours after the child’s birth for infant adoptions
- Given freely without coercion or pressure
In cases where the birth parents cannot be located or their rights have been terminated due to neglect or abuse, the court may waive the consent requirement.
Post-Placement Support
The adoptive placement is not the end of the journey; it is a lifelong decision that comes with emotional challenges and rewards. Post-placement support services are available to help birth mothers adjust to life after adoption. Post-placement support is crucial for birth mothers who have chosen adoption. These services may include:
- Counseling and mental health support – Adoption-related grief is normal, and professional counseling can help process emotions healthily
- Ongoing communication (if applicable) – If you choose an open or semi-open adoption, you may receive updates and maintain contact with the adoptive family
- Financial support (where applicable) – Some agencies offer post-placement assistance to help with transition-related expenses
Finalization of Adoption Process
An attorney will arrange a court date to finalize the adoption. This involves completing all necessary legal paperwork, including obtaining a new birth certificate for the child with your name listed as the parent. Once the adoption is finalized, the child becomes a legal member of your family.
Final Words
Adoption is not always easy, but it is well worth the effort when you have realized your dreams of becoming a parent. The adoption process in Texas can be complex and overwhelming, but it can also be a wonderful way to complete your family. By understanding the legal requirements and the steps involved in the adoption process in Texas, you can ensure that your adoption journey is a success.
Contact Our Adoption Attorneys in Texas Today
To learn more about the adoption process and your options, you can contact the adoption attorneys at Mokolo Law Firm. We will give you objective advice about what is best for you and how the legal process works. Our skilled adoption attorneys have helped many prospective parents adopt over the years. We are deeply familiar with the legal requirements of the adoption process in Texas, and we’re well-positioned to help you bring your family together in the way you envision.
by Mokolo LawHow to Get Visitation Rights in Texas
One of the most contested issues involving children is the issue of possession and access, more commonly known as visitation. Trying to get visitation rights in Texas can feel confusing, especially if you don’t know where to start. Whether you’re a non-custodial parent, grandparent, or another family member wanting to spend time with a child, it’s important to understand the law and your right. Texas courts always focus on what’s best for the child, but getting visitation isn’t always easy.
In this article, we’ll explain the steps to request to securing visitation rights in Texas, what the court looks at when making a decision, and how to handle any challenges. If you’re struggling with a custody issue or just want to know your rights, this article will help you understand what to do next.
Understanding Visitation Rights in Texas
Visitation can be broken down into two categories: Standard Possession and Custom Orders.
A Standard Possession Order (SPO) is the default visitation schedule used by Texas courts when determining how a non-custodial parent (the parent without primary custody) will spend time with their child. It outlines specific visitation times, including weekends, holidays, and summer breaks.
The SPO typically includes; weekend visits, extended summer visitation and holiday schedules. The SPO applies unless the court determines a different arrangement is in the child’s best interest.
A Custom Possession Order (CPO) is a personalized visitation schedule created to fit the unique needs of a child and their parents. Instead of following the standard schedule, parents (or the court) can agree on a different arrangement based on factors like work schedules, distance, or the child’s needs. A CPO may include; a different weekday or weekend visitation times, adjustments for parents who live far apart and additional visitation rights based on mutual agreement.
A Custom Possession Order can only be used when the Standard Possession Order does not work well for a family and must be approved by the court.
None custotian parents are usually given visitaion rights in Texas.This order outlines how and when the non-custodial parent can spend time with the child. And this schedule varies, depending on the child’s age, parent’s location and other factors. Usualy, Texas courts use a “Standard Possession Order (SPO)” to determine a visitation schedule.
Who Can Request Visitation Rights?
Anyone can request a visitation right of the child, so long there is a relationship existing between them.
1. Non-Custodial Parents
A parent who doesn’t have primary custody of the child has the right to visitation. Except in some unusual cases where the court feels it is harmful for the child and may deny or limit visitation. Reasons could be;
*A history of abuse or domestic violence on the child or others.
*Drug or alcohol addiction affecting parenting ability.
*Neglecting or abandoning the child
*Mental health issues that put the child at risk.
*A history of kidnapping or not returning the child or threats of abduction.
*Repeatedly violating court orders in the past.
*Having a negative influence on the child. Like, exposing the child to crime, danger, or unsafe environments.
*If the child strongly opposes visitation.
In some cases, courts may allow supervised visitation, instead of full denial. Standard visitation typically includes weekends, holidays, and extended time in the summer.
2. Grandparents
Grandparents play an important role in a child’s life, but in Texas, they do not have an automatic right to visitation. The court typically presumes that a child’s parents have the right to decide who is involved in their child’s life. However, in certain circumstances, grandparents can request court-ordered visitation if they can prove that it is in the best interest of the child. Since Texas law makes grandparent visitation difficult, consulting a family law attorney can help build a strong case.
A grandparent may seek visitation if;
*One parent is deceased, incarcerated, or declared incompetent by the court.
*One parent’s rights have been terminated.
*The child has lived with the grandparent for at least six months.
*When denying visitation would be harmful to the child’s well-being.
Grandparents must show prove that their relationship with the child is beneficial, denying visitation would negatively impact the child and the parent restricting visitation is not acting in the child’s best interest.
3. Other Family Members
In Texas, visitation requests from extended family members are rarely approved unless there are special circumstances, such as the child’s parents being unfit or absent that justify court intervention. Other family members such as aunts, uncles, adult siblings, or even close family friends may want to request visitation with a child. However, unlike parents and grandparents, the law does not automatically grant them visitation rights. Courts generally prioritize the rights of the child’s parents and assume they are making the best decisions for their child.
Unlike parents and grandparents, most relatives have no clear legal path for visitation unless extreme circumstances exist.
Steps to Request Visitation Rights in Texas
When seeking visitation rights in Texas, there are steps thatmust be followed to the letter and they are;
1. Filing a Petition
A legal request, which is called a petition, must be filed with the family court in the county where the child lives by whoever is requesting. This document asks the court to grant visitation and explains why it would be in the child’s best interest.
2. Other Parent Notification
The child’s other parent (or guardian) must be formally notified of the request. It is their choice to agree or disagree to the request.
3. Attend a Court Hearing
If the other parent disagrees with the request, a judge will hold a hearing. Evidences need to be present showing why visitation is in the child’s best interest. This may include witness statements, records of past involvement with the child, and proof that visitation will not harm the child.
4. Receive the Court’s Decision
The judge will decide whether to grant visitation based on the evidence presented. If approved, the court will issue a visitation order outlining when and how visits will take place.
What to do When Visitation Rights are Denied
If the custodial parent refuses visitation in Texas, document every instance, try to resolve the issue through communication or mediation, and if necessary, file a motion for enforcement. Courts may impose fines, jail time, or other penalties on the non-compliant parent. There are also futher steps that can be taken.
File an Appeal: The petitioner may believe the court made a mistake, so he/she can appeal the decision. But this process can be very long and difficult.
Request Mediation: A neutral third party can be of help to the petitioner and the other parent can reach an agreement outside of court.
Modify an Existing Order: If circumstances change (e.g., the custodial parent moves away or prevents visitation), the petitioner can ask the court to modify the order.
Police Intervention: Police generally do not enforce child visitation orders in Texas as these are civil matters. However, if there is an immediate risk to the child’s safety or a court order is being violated, the police can intervene.
In Conclusion
Getting visitation rights in Texas can be challenging, but it’s possible if you follow the right legal steps and the help of a family lawyer who can guide and assist through the case. The most important thing to keep in mind is that courts prioritize what’s best for the child. If you have a strong relationship with the child and can show that visitation will benefit them, your chances of getting a court-approved schedule are much higher.
Need help with your custom or standard visitation schedule in Texas? Mokolu Law Firm is here to support you every step of the way.
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by mokololawTexas Child Support Guidelines
Texas has a child support formula to determine the amount the state “presumes” is in the child’s best interest. Child support in Texas is determined by figuring out the average net monthly resources of the noncustodial parent and applying guidelines established by the Texas legislature that require paying a percentage of those average net monthly resources in child support depending on how many children there are. The percentages are slightly different if the paying parent has a legal responsibility to also pay for other children who are not involved in the parents’ current suit. There is a cap on the maximum amount of Texas guideline child support. Effective September 1, 2019, the new net resources “cap” has been set at $9,200 per month.