Bedford, TX Termination & Adoption Attorneys
Understanding Parental Rights Termination in Bedford, TX
Before a child is eligible for adoption, at least one parent's parental rights must be terminated. Termination of parental rights may be voluntary or involuntary. Voluntary termination is the easiest way to terminate parental rights. Other times a person's parental rights must be terminated involuntarily by the court. There are many grounds in the Texas Family Code to involuntarily terminate parental rights, including voluntarily leaving the child alone or in the possession of another with no intent to return, allowing a child to remain in conditions that endanger the physical or emotional well-being of the child, or failing to support a child during a period of one year. The allegations must be proven beyond a reasonable doubt - a much higher burden than most family law proceedings.
Our skilled adoption lawyers at Holland McGill Law can guide you through this process and ensure that the process runs smoothly for your family.
If you have any questions, contact us online or call (817) 934-5922 to schedule a free initial consultation today!
How to Terminate Parental Rights of a Non-Custodial Parent
Terminating the parental rights of a non-custodial parent is a complex legal process that should only be pursued in certain circumstances. This decision is often made in cases where the parent has exhibited behaviors or actions that are harmful to the child or has consistently failed to fulfill parental responsibilities. Some common grounds for termination include abandonment, neglect, abuse, or long-term absence from the child's life. In Bedford, the court must always prioritize the best interests of the child when considering such requests.
To begin this process, a petition must be filed with the family court. This petition outlines the reasons for seeking termination and provides evidence supporting the claims. The non-custodial parent will be given notice and an opportunity to respond, as this is a serious legal matter with significant consequences. If the parent contests the termination, the case may go to trial, where both parties present their arguments before a judge.
It's important to understand that courts generally do not terminate parental rights unless there is another individual, such as a stepparent, who is willing to adopt the child. Even if the non-custodial parent is not involved, the court may be hesitant to sever their legal ties unless it is clear that doing so would benefit the child. Seeking legal counsel is crucial to ensure the process is handled correctly and that all legal requirements are met.
Adoption Eligibility and Requirements in Bedford
Once a parent's rights have been terminated, then a child is eligible for adoption. Additionally, the child must have lived with the prospective adoptive parent or parents for at least six months prior to filing the petition for adoption. There are additional requirements for adoption that our attorneys will discuss with you prior to filing the petition. It is becoming more and more common for family members to adopt grandchildren, nieces, nephews, and stepchildren.
Termination and adoption proceedings are often filed together. The prospective adoptive parent(s) must obtain a criminal history report and undergo a home study prior to the court approving the adoption. A termination and adoption proceeding may also require the appointment of an Attorney Ad Litem for the child, which is an attorney who represents the interests of the child and informs the court about whether the termination and adoption is in the best interest of the child. Our attorney will let you know if your case requires an Attorney Ad Litem for the child.
Bedford Court's Criteria for Adoption Decisions
As a general rule for adoption in Texas, the court makes its final decision by considering what is best for the child. Using the law that applies to your specific situation, the judge will make this decision after hearing the testimony of the parties involved, reviewing the necessary reports and studies.
You should consult with an attorney before attempting to file for adoption, since each adoption case is unique due to its specific facts.
Get Expert Adoption Assistance in Bedford, TX
A termination and adoption can be a lengthy process, but a worthy one. An attorney with experience in terminations and adoptions can help reduce the stress that may arise from the process. If you or a loved one is seeking to terminate and adopt in Texas, contact our office today for a consultation with one of our lawyers.
To speak with one of our Texas adoption lawyers, contact us online or give us a call!
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