Grandparent Adoption in Texas

June 08, 2013

In today's world, there is no such thing as a typical family. This is because familial make-up is constantly evolving. Today, there are many varieties of families, from single-parent families to families where grandparents are the primary care givers.

In fact, according to the United States Census, more than 2.4 million grandparents are responsible for the well-being of their grandchildren.

Adoptions By Grandparents Upon Termination Of Parental Rights

For many grandparents who adopt the grandchildren they love, the situation is not ideal. Grandparents often decide to take on this obligation if their grandchildren's biological parents can no longer care for them due to substance abuse, mental disorder, termination of parental rights or even incarceration. In other instances, the biological parent may have abandoned the child or children, leaving them with their grandparents.

In order for a grandparent to adopt grandchildren in the state of Texas, they must file a Petition for Adoption. An adoption by grandparents can only legally occur if the parental rights of both parents have been terminated, either through consent or court order.

Grandparents can file a Petition to Terminate Parental Rights when they file the Petition for Adoption. Through the Petition to Terminate Parental Rights, the grandparent who seeks child custody/conservatorship must prove that the child's parents are both unfit to adequately raise the child and that the grandparents are the best fit for raising him or her, as opposed to another relative or a foster parent.

Adoptions By Grandparents When Child's Parents Are Deceased

Grandparents can also seek to adopt their grandchildren if both the child's parents are deceased. If the parents had wills, then the children will first be placed in the custody of the person listed in the wills. If the grandparents are not listed but would like custody, they can ask a court for custody/conservatorship. The court decides conservatorship based on what is in the best interest of the child.

Adopting a grandchild is not easy, but more and more grandparents are taking the step every day. If you are considering adopting your grandchildren, consult with a family law attorney to determine whether adoption is an option. Your attorney can then help you prove that the best place for the child is with you.

Article provided by Kerr, Hendershot & Cannon, PC
Visit us at http://www.khcfortbendfamilylaw.com/