Cedar Park Adoption Attorneys

Attorney Jason Wright Helps Families Welcome a New Child Through the Adoption Process

Adoption is the process by which an individual or couple takes on the legal and practical responsibilities of parenthood. Through adoption, a child receives new parents and the parents welcome a child – without the process of giving birth.

Adoption is a permanent connection between the new parents and the child. Because adoptions last forever, Texas courts are careful to determine that the adopting family is ready to take on their lifelong responsibility to the new family member. These deliberations can make the adoption process as stressful as it is joyful.

Navigating Texas adoption law is a complex process. Working with an experienced and compassionate Cedar Park adoption attorney can help. To learn more, contact the team at the Law Office of Jason Wright today.

Requirements for Adopting Parents in Texas

Approximately 135,000 children are adopted in the United States each year – yet over 115,000 children each year wait to be adopted.

Texas law presumes that a child’s parents are the best people to raise them, followed by other close family members. Consequently, not every child is adoptable. A child may be adopted if:

• The child’s parents have had their parental rights terminated, or a petition for termination is filed along with the petition to adopt,
• A parent who still has parental rights is married to the person seeking to adopt the child. For example, a child’s step-father can petition to adopt the child if the step-father and mother are married,
• The child is at least two years old, at least one parent’s rights have been terminated, and the person seeking adoption has served as managing conservator or has cared for the child for the past year. For example, a family friend who has raised a child since the death of the child’s parents may seek to adopt the child if these terms apply.

These requirements ensure that the child can be adopted. To become an adoptive parent, adults must also meet certain requirements in Texas. To be eligible to adopt a child in Texas, an individual or couple must:

• Be at least 21 years of age,
• Be financially stable,
• Be deemed sufficiently responsible and mature to raise a child,
• Pass a background check,
• Provide all requested personal information and references,
• Complete a training course on child abuse and neglect,
• Complete a home visit (in most Texas counties).

Everyone in the household must complete a criminal background check and a child abuse check. If a married couple seeks to adopt a child, the couple must also provide proof of marriage.

Finally, a court must determine that adoption is in the “best interests of the child.” If a court finds the adoption is not in the child’s best interests, the court will not permit the adoption.

Determining the best interests of the child is a legal question. An attorney can help you provide the evidence a court requires to make a best-interest determination.

Custody, Foster Care, and Adoption

Custody, foster care, and adoption may all involve an adult caring for a child despite not being the child’s birth parent. Yet these three terms refer to three different situations.

Custody or conservatorship occurs when a court assigns conservatorship to an adult. The adult becomes legally responsible for seeing to the child’s essential needs, like shelter, food, medical care, and education. The conservator may or may not be responsible for managing money on the child’s behalf.

Custody arrangements are clearly defined. When a non-parent receives conservatorship, it is typically for a specific period stated in the court order. The conservator’s powers are also listed in the court order. If the court does not give the conservator specific power (such as the ability to manage the child’s finances), the conservator doesn’t have that ability.

Foster care is treated as a temporary solution – often a response to an emergency. For instance, if the child’s parents are deemed unfit to raise a child, are incarcerated, abandon the child, or pass away, the child may be placed in foster care until they can be reunited with biological family members.

Children in foster care may be legally adopted. In some cases, adults providing foster care adopt the child. In others, adoptive parents meet the child through the foster care system.

Adoption is a permanent arrangement. Once the adoption process is complete, the adopting parents are the child’s parents for all legal and practical purposes. The child may or may not have a relationship with their birth parents, but the child won’t return to their birth parents to be raised.

Because adoption is permanent, it is a lengthier process than placing a child in foster care. Working with an experienced Cedar Park adoption attorney can help this process run smoothly.

What to Expect During the Adoption Process

Because adoption is a legal process, the time it takes is largely controlled by the family law court. Individuals and couples seeking to adopt can streamline the process and avoid unnecessary delays, however.

To take a proactive role in your adoption process:

• Be honest with yourself about your readiness to adopt. While as many as one in three US adults consider adoption, only about 2 percent actually complete the process. Taking an honest inventory of your feelings and financial situation can help you determine – and demonstrate – that you are prepared to adopt. Consider speaking to a licensed counselor or therapist if you believe their perspective would help you answer this question.
• Consider your options. Are you thinking about adopting the child of a family member or a new spouse? Have you met a child through the foster system and wish to adopt them, or would you be willing to meet children through the foster system? Is international adoption an option for you? Many routes for adoption exist; explore your options to choose the best fit for your family.
• Weigh open or closed adoption. Once an adoption is final, a child’s birth parents cannot take the child back. However, in some cases, an adopted child can maintain communication with their birth parents. These are known as “open” adoptions. Both the adoptive and biological parents must agree to an open adoption. Weighing the pros and cons of an open adoption early in the process can help you make a confident, informed decision about whether or not to agree to one.
• Work on your eligibility to adopt as soon as possible. Waiting until the last minute to address eligibility questions is a recipe for stress. It also puts you at an increased risk of being denied an adoption. As soon as you’re confident you want to adopt and which adoption options interest you, speak to an experienced attorney about how to prepare for questions from the Department of Family Protective Services or a home visit.

Adoption Agencies and Adoption Attorneys

Adoption agencies connect adoptive families to children in need of adoption. An agency can help you weigh your options and prepare for eligibility screenings and home visits.

Adoption agencies vary in the services they provide, however. Also, an adoption agency cannot provide legal advice. Agencies may not be able to assist you if you already know or are raising the child you wish to adopt – for example, if you wish to adopt your spouse’s child.

A Cedar Park adoption attorney is your best choice if:

• You already have a connection with the child you wish to adopt or the birth parent who plans to give the child up for adoption after birth, and you only need assistance in completing the legal steps required for adoption,
• You suspect there will be legal questions or challenges in your adoption process – for example, if one parent is incarcerated or is fighting the loss of their parental rights,
• You’ve been turned down by one or more agencies or you’re having trouble finding an agency that aligns with your religious views or family structure,
• You’re seeking to streamline the adoption process and skip the additional steps many agencies require, such as additional counseling or parenting classes.

Even if you work with an agency, you will still need to complete certain legal steps to finalize an adoption. Choosing an attorney early in your adoption process can help you ensure you have this essential legal support when needed. Also, speak to an attorney if you have specific legal questions or wish to have a lawyer’s guidance to streamline the adoption process.

Speak to An Experienced Cedar Park Adoption Attorney to Learn More

During the adoption process, you may have a million things on your mind. Working with an experienced, caring Cedar Park adoption attorney can help organize your thoughts, focus your efforts, and give you more time and space to care for your soon-to-be permanent family member.

Attorney Jason Wright has an extensive background in Texas family law, including adoptions. Attorney Wright has worked with families from many different backgrounds. He understands how to streamline the adoption process to avoid unnecessary delays and stress.

To learn more and schedule a confidential consultation, contact the Law Office of Jason Wright today. You can call our office at 512-884-1221 or reach out to us through our online contact form.