How Do I Pursue a Contested Adoption in Texas?

 Posted on April 19, 2024 in Family Law

If someone wants to adopt a child but is challenged by either of the child’s parents, it is called a “contested adoption.” Contested adoptions can be difficult to fight in court. This is because, in addition to filing for adoption, you also need to convince a court to terminate the parental rights of the child’s parent.

Adoption is often contested when:

• The birth mother puts the child up for adoption without the father’s consent.

• The father only finds out about the child when he or she is put up for adoption.

• The parent putting the child up for adoption changes his or her mind.

• A parent is an unfit parent but still loves the child and wants to care for the child.

• The child is being used as a tool of control over the child’s other parent.

If you are facing a contested adoption in Texas, the best course of action is to contact a skilled adoption attorney who can guide you through the legal process.

How Do I Adopt a Child in Texas?

To adopt a child in Texas, you need to complete the following steps:

• File an application with the Department of Family and Protective Services (DFPS) 

• Provide information about your background and lifestyle to the DFPS

• Provide references from both relatives and non-relatives

• Provide proof of marriage or divorce, if applicable

• Complete a home study, which is when DFPS staff visits your home and interviews all members of your household

• Complete a criminal background check

• Allow DFPS to run checks on the members of your household for reports of abuse or neglect

• Attend training classes about abused and neglected children

If you are ultimately approved to adopt a child, a judge will issue a Final Decree of Adoption making you the legally adoptive parent.

Why Would a Court Terminate a Parent’s Rights?

Texas law wants to keep parents and their children together as much as possible, as long as the parents are acting in the child’s best interest. For example, if a child’s biological mother contests an adoption, it means she is fighting for the right to take custody of her child and a court will take that seriously.

By the time she is contesting the adoption, however, the adoption process will have been started and the person trying to adopt will have already been successfully vetted by DFPS. The mother, on the other hand, may have a history of dangerous or criminal behavior, or may have abandoned the child, among other possibilities. A judge will want an explanation for any of those cases and will be looking to see if the mother is a fit parent.

If the court discovers that the mother is truly an unfit parent, it will likely terminate her parental rights to the child. This can also happen if the mother has:

• A history of abusing or neglecting any child

• Had her parental rights terminated before

• Has been found guilty of abandonment

• Abuses drugs or alcohol in a way that threatens the child’s wellbeing 

Contact a Hurst, TX Adoption Lawyer

Fighting a contested adoption will usually involve terminating a parent's rights. The process therefore requires superior legal skill and a focus on the child’s best interest. Contacting a qualified Tarrant County, Texas adoption attorney can help you achieve the best result. Daniel R. Bacalis, P.C. is an experienced adoption attorney and a board-certified family law specialist who will fight for the best outcome. Call 817-498-4105 for a free consultation today.