Stepparent Adoption Texas: What You Need To Know Before You Begin

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By Divorce & Finance

Stepparent adoption texas all you need to knowThe stepparent adoption Texas process offers the perfect opportunity to strengthen your bond with your step child and give a vital family member a sense of security and stability for the rest of their days.

The best approach to reunite a new family is through stepparent adoption, whether the biological parent is absent, has passed away, or is going through a divorce where it is possible to get parental rights.

This article will outline the specific procedures the adoptive family needs to follow, plus other important information regarding stepparent adoption.

What Is the Stepparent Adoption Texas Process?

Stepparent adoption is an authorized procedure in Texas that permits a stepparent to adopt the spouse’s child. Parental rights and obligations and bestowed on the stepparent after the adoption, making them the child’s legal guardian. Parents will be given a new birth certificate if they request it.

Stepparent Adoption Basics

Generally, stepparent adoption is straightforward. However, one of the following requirements must be met for the court to approve a stepparent adoption:

  • The child only has one biological parent who is still alive.
  • If the other biological parent is still alive and no longer present he/she must consent to the adoption and will sign the adoption permission form.
  • The child’s biological parent is absent from their lives, either because they have chosen to do so or because they have been unable to locate them.

What if the Biological Parent Won’t Contest the Adoption?

The stepparent can still adopt their stepchild even if the other biological parent objects, but the other parent’s parental rights must be terminated first. A judge will only permit this severe legal action if it is in the child’s best interests.

The court must discover at least one valid justification for terminating rights, such as child abandonment, failure to provide child support, incarceration, or child abuse.

– Is It in the Child’s Best Interest?

The court must also determine whether terminating the biological parent’s rights is in the child’s best interest, considering the child’s age, developmental needs, present living conditions, and other pertinent circumstances.

– What Do You Need From Your Lawyer?

You may need a lawyer familiar with Texas family law and stepparent adoption to proceed with the adoption if the other parent refuses to consent and you’re prepared to fight for your family.

The court must consider the circumstances and determine whether terminating the biological parent’s rights so the stepparent adoption can proceed is in the child’s best interest if the other parent refuses to or cannot be located. The adoption can continue after completing this phase.

You must participate in social research examining your residence, place of employment, and other factors. There will be a court hearing to make the adoption final and official after all the necessary steps have been performed.

How To Adopt a Stepchild in Texas: The Stepparent Adoption Process

A stepparent adoption cannot occur until one of the parents’ rights has been terminated since Texas law states that a child may only have two lawful parents. In Texas, stepparent adoption typically involves two steps: termination of the one biological parent’s parental rights and adoption of the child by the other parent’s spouse.

The following stages must be completed by a parent and a stepparent with the aid of certified adoption attorneys:

– Filing Petition

Stepparent adoption begins with a petition submitted to the local family court, just like any other type of adoption. Mostly, this is accomplished with knowledgeable adoption attorneys who can guide the parties through every step of the procedure.

– Revoking Parental Rights

After submitting an adoption request, the adoption lawyer can proceed to request the parental rights be withdrawn from the absent parent if one is known to be alive. The other parent must formally consent to the termination of their parental rights for the stepparent adoption to proceed.

The matter will be heard in court if the absent parent is not on board. A judge will determine whether terminating the other parent’s parental rights is in the children’s best interests.

– Social Study

The petition can proceed to the next round if it is determined that the course of action mentioned above is in the children’s best interests. It entails performing a sociological study on the prospective family, which includes going to the home, looking at employment and financial documents, observing the parents and kids, and conducting an initial screening with the parents and kids.

The data is used to assess the circumstances and determine whether a stepparent is an excellent candidate to adopt stepchildren.

– Amicus Attorney Selection

An Amicus Attorney is selected after completing the social research. The role of the court-appointed Amicus Attorney is that of an impartial attorney who will review some of the earlier evaluations, mainly interviews and observations, to determine whether the particular circumstance is best for the child or children and the family.

The attorney subsequently provides to the court advice, findings from the social study, and a recommendation about whether or not the adoption should be finalized.

Mostly, it’s a positive thing when a stepparent loves their spouse’s child or children so much that they desire to take parental legal responsibility for them. The court carefully and thoroughly reviews stepchild adoption applications, but a stepparent who wishes to adopt can get ready for these processes with the assistance of an expert adoption lawyer.

Typically, the procedure is expensive and time-consuming, even though having an extra family member is well worth the effort.

Where Can You File a Stepparent Adoption Case?

Stepparents looking to file a stepparent adoption case should do so in a court district in the county where they, their spouse, or stepchild reside. You should file the case in a district court or a county court. You should consider the next steps once you’ve chosen where to send your case. Generally, there are two ways to begin a stepparent adoption case.

Your decision will depend on whether or not your stepchild has a parent-child relationship with their biological parent. You must file an Original Petition to Terminate the Parent-Child Relationship and for Adoption if the other parent of your stepchild is still living and hasn’t had the court revoke the parental rights.

You only need to submit an Original Petition for Adoption if the other parent has already lost custody due to death or a court order.

How Much Is Filing a Stepparent Adoption Case?

As you are undoubtedly aware, adoption lawsuits can be costly. You should be aware that it will cost you money to file an original petition for termination and adoption.

However, this doesn’t imply your adoption case will be like the ones you’ve read about, and it certainly doesn’t mean it has to be like that.

You must pay a filing fee when you submit a termination/adoption lawsuit. Each county in Texas has a separate fee. You can obtain a fee schedule from the district clerk’s office if you don’t want to engage a lawyer to explain the cost of filing the documents.

You can check with the clerk to see whether you can ask the court to waive the filing fees because you are unable to pay them, depending on the county where your case will be heard.

Does a Stepchild Have to Consent to an Adoption in Texas?

Younger children are exempt from this requirement. In Texas, kids cannot sign their adoption paperwork until they are 12 years old anyway. You should move forwards with the adoption if you believe your stepchild will be pleased to learn of it. If you’re considering adopting your stepchild, remember that they have likely experienced a lot.

Another item to consider is the adoption date of the stepparents. Did you and the stepchild’s parent divorce, something that your stepchild is still coping with? Additionally, children commonly experience sadness when a biological parent passes away. In such cases, the child must have time to adjust even if the marriage is favorable.

Does Your Stepchild Need To Live With You Before Adoption?

The child must reside with their stepparent for at least six months before legally finalizing adoption. This is done to ensure that the adoption is in the best interests of the child and that they feel secure and attached to their new parent.

A home study is necessary to examine the homes and lives of the stepparent before the adoption can be finalized.

The home study procedure is identical to a domestic adoption when a stepparent, relative, or second parent adopts a kid, except that the child is typically already known and probably currently resides in the home. The grandmother, stepparent, or any relative of the adopted child may be the adoptive parent in addition to the biological parent’s spouse.

Why Adopt a Stepchild?

Parents remarry and have stepchildren. But why does a stepparent adopt a stepchild? If you are prepared to care for your stepchild for the rest of their lives, you should adopt them. A family can benefit and be strengthened by formally adopting a stepchild.

Additionally, formalizing the bond between parents and children may have some valuable advantages. It is a fantastic option for people who are raising stepchildren. Typically, you can adopt your stepchild if you:

– Seek the Capacity To Consider Children’s Best Interests

Parents must advocate for their children in various circumstances. Only a child’s parents or guardians can speak for them in crucial circumstances, e.g., when receiving medical attention. Stepparents may not be able to make decisions for their kids if they don’t have this status. Adoption is the surest way of granting the stepparent full legal rights over the child.

– Need More Rights Over the Child After a Divorce

Stepparents are unlikely to have any legal rights to remain in their stepchildren’s life if their marriages fail for whatever reason. The stepparent has the same parental rights as the biological parent when a kid is adopted. They will have the option of requesting custody or visitation. You can adopt your stepchild if you want to exercise more legal rights over them, especially if you were to divorce.

– Want To Simplify the Child’s Process of Receiving Medical Treatment

A private health insurance plan may not cover stepchildren. If adopted, people would be allowed to include the children in their health care plans. Bringing stepchildren into the family may be an excellent approach to safeguard their futures. Families might have a lot of peace of mind by taking this action.

The parents of a child may not necessarily have to be the biological ones. Most individuals know that stepparents can influence a child’s development. In Texas, adopting a stepchild may be a wonderful opportunity to build a loving blended family and deepen your relationship.

Do I Have To Go to Court?

You might need to appear in court for a termination and adoption case. Each person who wishes to dissolve a parent-child relationship or file for adoption is required by the court to undergo an adoption evaluation. The court may appoint a lawyer ad litem to represent the child or children in the matter. You should appear in court after filing the case to make demands.

The petitioners and the adoptive child (if they are 12 years old or older) must both be present at the adoption hearing. The court may not require the second petitioner to be present if you can demonstrate that it would be unduly hard for that petitioner to attend the court hearing. The court may also decide against making a child under 12 years appear in court if it is in the best interest  of the child.

Will the Family Court Judge Automatically Approve Your Stepparent Adoption Petition?

The family court may not grant your request to adopt with certainty. The judge will typically order an adoption evaluation to understand your family and parenting skills better. The judge will then request a copy of your criminal history and review it to check for any red flags.

Your petition will likely be granted if you satisfy all of the requirements and the judge establishes that it is in the child’s best interest for you to adopt. As you can see, the procedure entails several steps, so it’s best to be prepared to handle any arising issues during the outset of your case.

What Gets Decided in a Stepparent Adoption Case?

There are a lot of issues to be resolved in a stepparent adoption case. The other parent of your stepchild will, first, have to forfeit their parental rights. Your adoption case can proceed if the court decides to terminate those parental rights. Your adoption case will be dismissed if the court decides not to terminate those parents’ parental rights.

You can then raise your stepchild as your own if the court terminates the other parent’s parental rights. This enables the adoptee to inherit from you upon your passing or use other advantages available solely to parents and children. You can also petition that your child be given your last name upon agreement with your spouse.

Should You Hire a Lawyer To Help With the Stepparent Adoption Process?

You don’t need legal representation to adopt your stepchild. Visit the courthouse in your area to obtain the required court forms and a list of requirements. You may not need an attorney to adopt your stepchild because the procedure is more straightforward than other types of adoption. However, a lawyer can help with:

  • Speeding up the process and saving time by filling the necessary paperwork on time while translating complex legal language.
  • Providing you with information regarding your legal rights in a stepparent adoption case and ensuring that these rights are upheld.
  • Providing insight regarding the aspects of the home study before it is performed.
  • Legal representation in case the biological parent challenges the adoption in court.

You should obtain the court forms from your local courthouse if you don’t anticipate one of the biological parents pursuing legal action. You might also want to discuss how to file your adoption petition with someone at the local court system or department of human resources. Most courthouses have a facilitator who can assist you in handling legal matters without the aid of a lawyer.

– How Much Will a Lawyer Cost?

Luckily, some family law attorneys provide free or inexpensive consultations. You can hire a family law attorney to offer advice, provide paperwork, review your paperwork, or help you prepare for your court appearance. You can handle the rest of your stepparent adoption case on your own after that. Hiring a lawyer for a specific purpose is limited scope representation.

Conclusion

Even though it’s a major decision, stepparent adoption Texas can be a wonderful experience for you, your new spouse, and your child. Hopefully, this information is useful if you are a stepparent considering adopting your stepchild. Here’s a review of the discussion:Stepparent adoption texas tips

  • The stepparent adoption process begins with filing a petition to the court seeking legal parental rights to your spouse’s child.
  • Part of adopting your spouse’s child is revoking the other biological parent’s rights.
  • You may be required to select an amicus attorney during the stepparent adoption process.
  • Seeking legal counsel from an experienced family attorney can help you lighten the process.

A child who has been legally adopted has the same rights as if they were their adoptive parent’s biological children. They can inherit from them, for instance, and obtain a new birth certificate with their new last name. Additionally, remember that child support is still due even after a divorce.

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