Adoption and Guardianship Lawyer in San Antonio

Simplifying the Adoption Process

As adoption legislation becomes more and more complex, it is essential to have San Antonio adoption lawyers who have experience in this area of law guide you through the complex adoption process. Without proper legal guidance, it is possible that a well-meaning person might unfortunately violate a criminal law in the process of attempting to adopt. For example, it is illegal for an adoptive parent to pay a biological parent for the right to adopt their child.

Adoption laws vary from state to state, which is why hiring an experienced attorney in your jurisdiction is necessary when going through the adoption process. In Texas, for example, certain people are prohibited from adopting, including anyone convicted of a felony crime against a minor, anyone considered neglectful or abusive towards one’s spouse or children, and more.

An experienced San Antonio adoption lawyer not only knows what each situation entails, but they know how best to navigate this complex area of law and get you on your way to becoming a new legal parent. Our law firm can also help with guardianship cases and any adoption, including independent adoption, foster adoption, and more. Whether you are a stepparent or a prospective adoptive parent, we want to help you get the results you deserve. Contact our law firm today at 210-775-0353 to get the help you need from an adoption attorney.

What Are the Basic Steps When Filing for Adoption in San Antonio?

Adopting a child can be exciting and nerve-racking. You probably feel hopeful about the future but wonder what steps you’ll need to take during the adoption process. Adding to your family through adoption involves making crucial decisions and proving that you are eligible to adopt a child.

Some of the following are steps prospective parents can expect to encounter when adopting in San Antonio:

Deciding what kind of adoption to pursue, such as private adoption, international adoption, foster parenting, and so on
Choosing an adoption agency or attorney, such as South TX Family Law, to help you navigate Texas adoption laws and seek a favorable outcome
Passing the home study legal requirements, which may include background checks, home visits, health examinations, obtaining references, and more
Obtaining an official fingerprint record for each prospective adoptive parent
Attending pre-adoption training to learn skills that help adoptive and foster parents meet the needs of their adopted children
Either obtaining the consent of both biological parents to the adoption or proceeding in court to involuntarily terminate the parental rights of the biological parents before the adoption can take place
After adoption, obtaining a new birth certificate for the child

Please contact our law office immediately for help navigating these and other aspects of your adoption.

Is Filing for Adoption in San Antonio Hard?

People often use the terms guardianship and adoption interchangeably. However, there are many differences between legal guardianship and adoption, and it is essential to understand the differences when considering either of these legal processes.

Guardianship awards an individual the responsibility to act as a temporary parent of a child. It involves the probate courts in Texas, posting an annual bond, and heavy court oversight.

Adoption permanently relinquishes the rights and responsibilities of a child’s biological parents and treats the adoptive parents as if the child were their biological child.There is generally no court oversight once the adoption is completed.

Another often overlooked possibility is a nonparent managing conservatorship. The managing conservatorship does not require the termination of the biological parents’ rights, but may give another person the rights and duties of parentage, including the right to receive child support. The same rights that a guardian might have can be given in a conservatorship with much less court oversight and no requirement of posting an annual bond. Conservatorships are usually accomplished in the District Court rather than the probate court.

Legal guardianship occurs when an individual who is not a parent of the child is granted the rights of a parent. A legal guardian will assume all of the responsibilities that a parent would have, such as:

financial and emotional support
provide the child with the necessities required to survive
ensure that the child is receiving a proper education
determine where the child will live
ability to consent to medical treatment

There are many different forms of guardianship, and many of them still allow the parents to be included in the child’s life. However, guardianship may be revoked at any time if the parents show that they are able to adequately care for the child. Also, guardianship usually requires the child’s parents to continue to provide financial support.

Adoption is a legal process by which an individual assumes all of the rights and responsibilities that are involved with parenting and caring for a child. During an adoption, the biological parents of the child lose all rights and responsibilities that they had to that child. Legally, the parents will no longer have any say in the child’s life and are not ordered to pay future child support. Legally they become a stranger to the child, although with open adoption the adoptive parents may choose whether or not to maintain contact and/or a friendly relationship with the biological parents.

After a San Antonio adoption, a biological parent has no obligation to provide financial support, and they have no visitation rights unless agreed upon by the adoptive parents.
This is why it is important to hire San Antonio adoption attorneys if considering either adoption or a legal guardianship, as this process can be complex and difficult to navigate without the proper advice about adoption proceedings.

What Issues Can I Face During the Adoption Process?

Adopting a child is not always an easy process, and oftentimes, numerous legal hurdles must be crossed. Some of the issues you might face during the adoption process are:

Contact with Biological Parents- Prior to completing an adoption, it will likely be necessary to terminate the parental rights of the biological parents of the child. If these individuals do not consent to their parental rights being terminated, they may demand visitation or contact with the child. You will want someone by your side who can successfully negotiate this difficult situation.
Legal Guardianship vs. Adoption- Legal guardianships and adoptions both involve granting parental rights to another individual; however, they differ in many important ways, including duration, lack of permanency, revocability, and requirements for consent.
Disruption of Adoption- Even after the adoption has been finalized, biological parents may still come forward demanding custody of their child. Sometimes it is difficult to locate or even know the identity of the biological father, in which case the adoption can still be accomplished but is subject to challenge later if the biological father should appeal the adoption because of lack of actual notice. It will be important to have an attorney by your side who can ensure that the adoption remains intact.

At our law firm, our services are geared towards advocating for your parental rights when it comes to adopting a child. If you want to adopt a child and need help going through the adoption process as prospective adoptive parents, we are here to help by offering a free initial consultation for your adoption case.

How Can a San Antonio Adoption Lawyer Help Me?

An adoptive family can almost always benefit from having a lawyer during the adoption. Your attorney can help ensure that you match the legal requirements and assist you as you go through the extensive testing associated with San Antonio adoptions. An adoption law firm can also provide excellent counsel regarding what type of adoption to choose. Finally, having adoption lawyers on your side can ease your burden as your lawyers handle the legal nuances of your case.

At South TX Family Law, we value the parent-child relationship of any prospective client. We want to ensure that your parental rights are protected and that you understand the adoption process.

We have experience with facilitating adoptions of children who come from various backgrounds, including:

Special needs children
Foster children
Older children
Children with different ethnicities and races
Foreign-born children
Adoption by a Step Parent

We can help you through every step of the adoption process. We protect parents’ rights during an adoption proceeding, and we want to ensure that your child remains in a stable home environment. This is why we make sure our clients receive compassionate legal guidance from a San Antonio adoption attorney, which ensures a smooth adoption process. If you’re interested in learning more about how we can help, we offer a free initial consultation where we’ll discuss your case and answer any questions about our services that you may have.

Should I Hire an Adoption/Guardianship Attorney in San Antonio?

In any adoption or legal guardianship proceeding, there are many legal obstacles that can be encountered along the way. In order for a court to make decisions about your child, it will need to gather information from you and other interested parties. You will want to have an experienced San Antonio family lawyer by your side who can help gather important documentation and present a strong case in front of a judge.

Adoption is a process that severs all ties between the biological parents and their child. This is why it is incredibly important that proper care be taken when going through this process. There are various issues that could arise during an adoption case, but with our help, we can help you overcome any problems that may arise. If you’re interested in finding out how our family law attorneys can help, please don’t hesitate to contact us so we can answer any questions you might have about an adoption or legal guardianship proceeding.