Adopting a child in Texas is a joyful event. With hope, it can be one of the few times that a family encounters the court system. In Montgomery County, Texas, the family courts are always happy to see a family grow and come together. It is one of the most exciting events to add a child to the family. The process and work necessary to complete an adoption can be complicated and frustrating, and the courts and the rules for adoption can contain hidden pitfalls that will delay or derail even very solid adoption cases.
At Jeredith Jones, Attorney at law, we work closely with parents to help them achieve their goals in all family law matters, especially all types of adoptions. We work diligently to assure easy and clear documentation for the judge to review and for your family to rely upon when growing your family through adoption. In Montgomery County, Conroe, Woodforest, and Splendora, adoption and Family Law Lawyer Jeredith Jones will assist with your adoption case. It is important that an experienced family lawyer in Montgomery County, Conroe, Splendora, Woodforest, Willis, Montgomery, and Magnolia like Jeredith Jones is a necessary component to assist in alleviating the stress that can accompany an adoption case. We know how important your family is to you. We will be there to help ensure that your adoption proceeds smoothly.Termination of Parental Rights
Before any adoption may take place, a child must be legally free to be adopted and this occurs when the parental rights of the birth parents are legally terminated. A termination of parental rights occurs at the same or near the same time as the adoption or in some cases, it may occur before the filing of an adoption. In each case, Jeredith Jones, attorney at Law can address your needs in Montgomery County, Conroe, Woodforest, Spring, Willis and Splendora.
Termination of Parental Rights is easiest and the most clear when the birth parent signs an affidavit of relinquishment of parental rights. Jeredith Jones, Attorney at law is experienced with obtaining affidavits of relinquishment from a birth parent. Termination of Parental Rights cases may be filed by the person or people wishing to adopt a child, a state agency like Child Protective Services, or one of the birth parents and his or her new spouse.
In some cases, the birth parent or parents will not agree to relinquish his or her parental rights and in cases like these, it is important that an attorney be prepared to go to trial to ask the Judge or Jury to terminate the relationship between the parent and child. The primary issue in a termination case is whether the Parent has violated one of the provisions of the Texas Family Code that allows the Judge to terminate that parent’s rights. For a further discussion of involuntary termination of parental rights, see the page on Termination of Parental Rights under the Family Law Index.
Jeredith Jones, Attorney at Law, has experience going to trial to terminate a parent’s rights and seek an adoption of a child. She has tried a number of Involuntary Termination cases in Montgomery County, Texas with success and understands the intricate details that a judge would need to hear to terminate a parent’s rights. This type of termination is called a “Family Law Death Penalty” case and should not be attempted without great consideration for the impact of this decision on your family. In addition, an Involuntary Termination case that goes to trial is often extremely costly and time consuming for you and your family.Types of Adoptions
There are several types of adoptions in the State of Texas. Jeredith Jones, Attorney at Law, will take time to address your concerns and assist in determining what steps need to be taken in each situation.Step-Parent Adoption
In many instances, a Step-Parent will wish to adopt a child of their spouse and everyone wishes for the step parent to adopt the child. In these cases, the biological parent and spouse ask the court to grant the adoption. There are still necessary steps in a step parent adoption even if everyone agrees to the adoption. The prospective parents will be required to have their fingerprints taken, pay for a home study, attend court, and other necessary steps before the finalization of the adoption. In addition, there are some intricate decisions that need to be made during the time the case is pending. In many instances, the biological parent has been ordered in a previous court case to pay for child support. Once the termination and adoption is final, child support will no longer be ordered to be paid by the biological parent that previously owed child support under the previous order.
Jeredith Jones, Attorney at Law will work with you and your family to ensure your goals of building your family through adoption in Montgomery County, Conroe, Splendora, Woodforest, Magnolia, Montgomery, Willis, and surrounding areas.Adoption of a Child
The statement “it takes a village” is never more appropriate than when a parent, for any number of reasons, leaves a child with a relative, neighbor, or even stranger for the child to be raised and cared for by this generous, loving individual or family. In these cases, Child Protective Services may or may not have become involved with the placement of the child. Even when Child Protective Services does become involved, it is difficult for a person with no experience to understand the rules and regulations of Child Protective Services and what is expected of a person who is caring for a child or when this person needs to take matters into their own hands.
It is often the desire of the person caring for a child in this situation to wish to protect the child and gain legal rights or to gain adoption over the child because of his or her love for the child. The requirements for an adoption are similar in these cases as the requirements in any other adoption case and the judges and courts take an adoption very seriously. A person must show not only dedication and love for the child in their care but also that there are grounds for the termination of a parent’s rights under the Texas Family Code.
Jeredith Jones, Attorney at Law has experience working with individuals and families in adoptive situations of all types and can assist you in deciding what is right for you, your children and your family. Contact my office today for a consultation.Amicus Attorney in an Adoption
In Texas, an Amicus Attorney can be appointed upon request of either party or upon the order of the Judge. An Amicus Attorney is an attorney whose roll it is to assist the Judge or Court in protecting the child’s best interests. The fees associated with an Amicus Attorney are in addition to the other fees and costs of an adoption and are paid by the parent requesting that the court terminate parental rights and grant an adoption. Generally, an Amicus Attorney is required in most adoption cases. In some cases, the judge can waive the necessity of the Amicus Attorney upon request when a party can adequately represent the best interest of the child or children. Attorney Jeredith Jones will discuss the need for an Amicus Attorney in your case and what steps will likely be necessary to request the need for an Amicus and the cost associated with the Amicus Attorney be waived.Adult Adoption
In some cases, an adult may wish not to only take on the last name of a parent but may also wish to be adopted by this parent. This is a joyous occasion and also has legal consequences of the decision to be adopted by the parent. In the instance of an adult adoption, many of the same requirements are necessary as in an adoption of a child except that there is no necessity for a Home Study or for an Amicus Attorney which reduces the cost of the adoption significantly. An adult adoption generally does not take as much time as an adoption for a child and there is no requirement that a parents rights be terminated through legal processes before an adult may request that the court grant an adoption. An adult adoption affects many rights and it is important that you speak with an experienced adoption attorney like Jeredith Jones while you consider adoption.