Adoption

Will My Child Appear at a CPS Hearing?

December 15, 2016 | by Robert Guest

The Texas Family Code requires that a child in the conservatorship of DFPS attend all permanency hearings. This section also requires that if the court determines it is in the best interest of the child, and the child is older than four, that the court must consult with the child in a developmentally appropriate manner regarding the permanency plan. However, Texas courts do not consistently require children to attend permanency hearings.

Why aren’t children attending the hearings?

The code has an exception that states that judges can make an individual determination that excuses a child from attending a specific hearing. Apparently, many judges are deciding that it is not necessary for the children to be at the hearings. Of course, issues with school attendance and actually getting children to court are factors that contribute to children not being able to attend permanency hearings, but options like video conferencing and the fact that a child attending court while in foster care is an excused absence should help to alleviate any of these problems.

Stepparent Adoptions: The Basics

September 2, 2014 | by Guest and Gray Law Firm

The most common adoption that we encounter is that of a stepparent. In many cases, the stepparent has substituted for years as the child’s biological parent that has been absent from their life. That is, the stepparent cares for the child, provides for the child, consoles the child, and does anything that a “normal” parent would do for their child. Thus, it is understandable when so many couples come into our office and want to make it official.

To begin this type of proceeding, the parent who is married to the stepparent would petition the court for the termination and adoption and the stepparent would join in that petition. The child must have lived with the parties for at least 6 months before you can file. You must have the biological parent whom you are seeking termination on served. In many cases, the biological parent wants to voluntarily relinquish their rights. If this is the case, they would sign an affidavit voluntarily relinquishing their rights and consenting to the stepparent adopting the child. The affidavit would be filed with the court and then the case would basically proceed without that party. This is, as you can imagine, the easiest way to accomplish the stepparent adoption.

If the other side is not in agreement, then you must seek an involuntary termination which can be very difficult. The grounds for an involuntary termination are contained in Texas Family Code Chapter 161 and this is a complete list. Meaning, if it is not on the list, then it is not grounds for involuntary termination. So, if you have an order and the other parent is not exercising their ordered visitation or not paying child support as ordered, most likely this will not be enough. While these are arguably contained in the list, you still have a court order that you could enforce rather than say, “Okay, they are not doing what they should and so their chance is over.” In fact, many courts would wonder why you would not seek enforcement rather than a termination. Most courts if presented with this type of situation would give the other parent a chance to have involvement in the child’s life. Also, as in all family law cases, even if the parent has done one or more of the things on the list, it must still be in the best interest of the child that the court terminates that parent’s rights to the child.

Amicus vs. Ad Litem for Adoptions: What is the Best Option?

May 7, 2014 | by Guest and Gray Law Firm

If you are in the middle of an adoption—whether it is a stepparent, grandparent, aunt/uncle, or new parent adoption—you know that your child must have a representative in court to ensure the child’s best interest standard is being met. Many people do not realize that there are a few options for the courts in determining what option is best for your particular case. In adoptions, the two most primary appointments are either amicus attorney or attorney ad litem. But, which would be best for you?

Amicus Attorney

Amicus attorneys are appointed in termination/adoption suits not to specifically represent the child but rather to assist the court in protecting a child’s best interest. So, unlike the attorney ad litem an amicus attorney does not have an attorney-client relationship with the child. In fact, an amicus attorney can even relay what would otherwise be privileged communication from the child to the court if it is necessary to assist in the court’s decision. Amicus attorneys can be appointed for a number of reasons; but typically, they are appointed when the child is young and cannot express their desires to the court unlike a child who is 12 or older. Amicus attorneys do meet with the child and determine what their objectives are in the case; however, the amicus attorney does not have to act in favor of those objectives and must always advocate for the child’s best interest.

Pre-Adoptive Social Studies: What to Expect

May 6, 2014 | by Guest and Gray Law Firm

If you are in the middle of an adoption—whether it is a stepparent, grandparent, aunt/uncle, or new parent adoption—you know that you have to complete a social study in order to proceed forward with the adoption. Because this is a new concept to many people, it is better to gain knowledge regarding this process beforehand to put your mind at ease. You will find that this step is actually one of the more rewarding (absent the actual adoption day) throughout your case. It is your chance to tell the social worker all about your family and why you should be able to adopt the child.

Purpose of Pre-Adoptive Social Study

One of the purposes of the pre-adoptive social study is to guide the Court in its decision on the termination and adoption because the social worker is literally the eyes and ears for the Court. Reason being, the judge cannot visit your home and do a background check on all of the parties in the case to determine whether or not the adoption would be in the best interest of the child. Therefore, a social worker is appointed to do that and much more.