THE COMPLEXITIES OF DIVORCE DURING AN ADOPTION IN TEXAS

Getting a divorce in the middle of an adoption can complicate both proceedings. When this happens, there are definitely more obstacles in the way, but nothing is impossible. You can still dissolve a marriage in Texas, with minimal impact to the adoption if you take the right steps.

HOW DIVORCE EFFECTS THESE 4 TYPES OF ADOPTIONS IN TEXAS

Divorce has an unmistakable impact on an impending adoption in the State of Texas. How it affects the legal proceedings depends on the type of adoption. Some adoptions allow biological parents to retain certain rights, complicating things even more. But, in the end, the local adoption court has the final say.

1. Consensual Adoptions

With consensual adoptions, the rights of the birth parents are relinquished personally and voluntarily. They agree to give the child up for adoption privately, through an adoption agency or to a friend or family member.

For many, consent is given based on the fact that the child would grow up in a two-parent, married-couple home. Filing for divorce before the adoption is final could lead to the biological parents revoking consent to adopt in Texas.

2. Foster Care Adoptions

Oftentimes, a foster parent chooses to adopt a child that’s stolen the hearts of those in the home. In most cases, the biological parents’ rights have been terminated by the foster care system itself in the State of Texas. Therefore, they have no legal rights to contest the foster care adoption.

In such cases, the adoption court has the final word on approving the finalization. Commonly, these cases go one of these ways:

• One parent is allowed to adopt child
• Both parents adopt the child, and a custody agreement is put into place
• Adoption proceedings are terminated altogether, and the child returns to foster care

3. Stepparent Adoptions

Stepparents vow to love their spouses, as well as the stepchildren that come with the package. This leads to many stepparent adoptions occurring, especially if the other biological parent gives legal consent.

If divorce proceedings begin before the stepparent adoption is final, more than likely, the court will deny it. Texas requires that the biological custodial parent and the stepparent be married at the time of the adoption.

4. International Adoptions

When two married people choose to adopt a child from another country, that country’s laws rule the process. This also applies if they decide to get divorced before the finalization of the international adoption.

Many countries don’t allow single parents to adopt children. Therefore, filing a divorce could cancel the entire proceedings.

TEXAS LAWS RELATED TO PENDING DIVORCE AFFECTING ADOPTION

If you are in the middle of an adoption, then decide to get a divorce, what happens to the child? Is the adoption terminated? If it goes through, how does custody work?

All of this depends on your specific circumstances. Although the issues related to divorce affecting adoption can be complicated, your chances aren’t necessarily ruined.

Sandra Bullock filed for divorce from Jesse James in the Lone Star State months into adopting a baby boy as a married couple. The actress decided to petition the court to adopt as a single mother. Her request for single parent adoption was granted.

That is just one example of how a pending divorce can affect a Texas adoption and still lead to a happy ending. Here are some of the factors that help courts make decisions on such matters:

• Child’s Best Interests – This is always the most critical factor when deciding whether to approve an adoption or not in any state. Will a divorce cause the child hardship? If so, it may be denied.
• Birth Parent’s Wishes – Some consensual adoptions allow parents to demand certain stipulations. If the child being with a married family is one of them, the adoption may be brought to a halt.
• Special Circumstances – International adoptions, as well as other special types, may impose rules related to the type of household required to approve the proceedings. Some countries only adopt to married couples.

STAYING MARRIED FOR THE ADOPTED CHILDREN

No one should remain in an unhappy marriage just for the children, even if they are in the process of being adopted. This is unfair to the couple, as well as all children involved.

It’s also unwise to try to fool the courts into believing you’re happily married when in fact, divorce is planned in the near future. If the judge feels like something fishy is going on, the adoption will be denied. And you may destroy any chances of adopting in the future.

Even though it can be tricky getting an adoption approved during a divorce, it is possible. You need a local attorney who understands the issues related to divorce and adoption in Texas.

Don’t take chances with your adoption proceedings. Hire a San Antonio adoption and divorce attorney you can trust to fight hard for you. Contact Eaton Family Law of San Antonio about your adoption-related divorce today.