Adoption and termination of parental rights are two opposite issues, but they are often concurrent legal actions. Adoption creates a new parent-child relationship, while termination of parental rights ends an existing parent-child relationship. In most adoption cases, the child's biological parents' rights must be terminated before the adoption can take place. This may be done voluntarily by signing an affidavit of voluntary relinquishment, or it can be compelled in rare cases where a parent is harmful to the child. In these often-emotional proceedings, the child's interests come first.
The Law Offices of Kary L. Key is committed to helping biological parents and prospective adoptive parents alike protect children through adoption or termination of parental rights. We understand how difficult these processes can be, and we handle these cases with the utmost sensitivity. Our family law attorneys are well-versed in the complex body of law surrounding adoptions and termination of parental rights.
Birth mothers who have chosen to place their child for adoption after experiencing an unintended pregnancy must first terminate their parental rights. Parents can sign an affidavit of voluntary relinquishment 48 hours after the birth of the child; however, there are additional requirements that will need to be met before a final hearing can be held before the court. The court's main consideration for granting a voluntary termination is always going to be the best interest of the child.
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This rare proceeding can be exceptionally difficult for all involved. Terminating parental rights is much different from getting sole custody after a divorce. It is generally only done when the danger a parent puts their child in outweighs the child's need for financial or other support from the parent.
There are multiple grounds to request an involuntary termination of parental rights. However, proving those grounds, along with finding that the termination is in the best interest of the child, can be difficult.
The Law Offices of Kary L. Key puts the safety of children first. The process of stripping a parent of their rights to a child is difficult, but if doing so is in the best interest of the child, we will put our firm's best efforts into protecting the child.
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Step-parent adoptions may be the most common adoption cases. Whether the biological parent voluntarily terminated their parental rights or the best interest of the child requires involuntary termination, once a termination as to one parent is final, it is possible for a step-parent to petition to adopt a child. Although this type of adoption may be an easier process, it still requires many of the same steps that any other adoptions require, such as a social study and criminal background check of the prospective adoptive parent. The Law Offices of Kary L. Key can counsel parents as to how to best navigate the process.
Whether you are seeking to grow your family by adopting a baby or are related to a child who needs you to step into a parenting role, our attorney is here to help. Adoption can be one of the most rewarding experiences you will ever have, but getting there can be difficult.
There can be quite a few meetings or trainings to attend, mountains of paperwork, and home visits. The process will vary depending on the type of adoption.
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Adopting a family member can look different than an agency adoption. There is a different process if you are foster parents seeking to make your foster child a permanent addition to your family.
We are experienced with a variety of adoption situations, and we can help guide you through this sometimes complex legal process. We want to help your family achieve your goal of becoming parents through adoption.
The Law Offices of Kary L. Key wants to help you protect the child or children at the center of your case. Whether that means terminating parental rights or guiding you through the Texas adoption process, we will be here for you at every step. Call us at 817-599-6969 or contact us online to start with a consultation.Need a Houston Adoption Attorney? Call the Longworth Law Firm if you need help with adoption or family law issues in Texas.
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Children need a stable loving home for them to develop into useful members of our communities. Adoption gives every child a chance to belong to a loving family, but the process can be extremely complex and full of frustrations.
But with the help of an experienced family law attorney the whole process may become easier and more likely to be successful.
Your attorney will handle all the initial paperwork and make sure that all the rules are followed to avoid any issues in the future.
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The biological parent or parents of the child must first terminate their parental rights voluntary, or the rights must be terminated by the state.
The state can only terminate parental rights because of abandonment, neglect, abuse, or a situation where the biological parents are unfit to care for the child. Other requirements and procedures include:
In an interstate adoption situation the adoptive parents will have to have counsel in Texas and in the state where the child currently lives.
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You will need a lawyer that gives extra attention to detail and reviews all the documents to prevent any unexpected future roadblocks. Your lawyer can handle all your legal issues even when you are seeking to adopt a relative or want to adopt through an adoption agency. Your family law attorney can help you handle different adoptions such as:
This involves adopting a child from other regions or countries outside the United States. The prospective parents still have to comply with Texas adoption rules and also international adoption rules.
A stepparent can get parental rights for the child of their spouse in certain situations. For example, a stepparent may want to adopt a child if the biological parent of the child is abusive to the child.
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The birth mother or birth parents are able to choose the family that will adopt their child. The prospective parents can also choose the birth mother.
When hiring a lawyer there are certain questions you should ask. First, ask the lawyer how long the lawyer has been practicing law. Find out whether the lawyer has handled cases similar to yours in the past and what the likely outcome of your case will be. Experience matters in legal practice because a lawyer that has handled cases similar to yours is able to determine the possible outcome of your case.J. David Joyce comes from a family of 15 kids, 13 of whom were adopted. As a father, that experience led him to adopt. As a lawyer, it led to a thriving practice.
In the fall of 2018, my wife and I welcomed home a foster child with the hopes of adopting. He was 14 months old, yet ours was the third home he had lived in since becoming a ward of the state. We fell in love instantly, and we were overjoyed when his biological parents told Child Protective Services that they wanted us to adopt him. But we knew we still needed a lawyer.
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Our adoption agency and CPS directed us to the same man, Dallas attorney J. David Joyce. I remember receiving a letter from his office after we made the initial call and expecting to find the usual boilerplate introduction. Instead, I discovered that we weren’t going to be working with the average adoption attorney. Joyce has 14 brothers and sisters, 13 of whom were adopted. And he and his wife have adopted four of their five children.
If you were a defendant in a criminal trial, the likelihood that your lawyer would have first-person experience as a criminal defendant would be, thankfully, exceedingly low. But wouldn’t it be great if your hired counsel could turn to you, look you in the eye, and tell you he knows just how much is at stake, what it feels like at every step of the process, and exactly how to prevail?
Joyce’s parents married as teenagers and started building their family quickly. Ever since she was a little girl, Joyce’s mother, Suzanne Novotnak, had wanted to adopt. Transracial adoption was illegal at the time in Texas and Oklahoma (it wasn’t federally protected by law until 1994), but the couple were able to adopt a mixed-race girl after Joyce and his brother were born.
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The couple would go on to have 10 children, eight of whom are adopted. Novotnak says there was no grand philosophy driving the family’s choices. “The kids that we adopted were kids that needed a family, ” she says. “And once they came to our house, they never left.”
But the commitment to serving children in need took a toll on their marriage, and the couple divorced when Joyce was a teenager. Novotnak, who started a special-
Needs adoption agency in Oklahoma, went on to adopt five more children after the divorce, bringing the total to 15. The children were a mix of white, black, Hispanic, and Native American. Many were adopted as older children and had experienced great trauma.
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Novotnak says that from the start, Joyce was a fan of the underdog, with a welcoming
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