Can A Biological Parent Reclaim Custody After A Private Adoption In Texas?

In this article, you will discover:

• Whether a biological parent has the right to reverse a private adoption in Texas.
• Whether a biological parent can reclaim custody after adoption in Texas.
• Legal steps to take to protect custody rights if a biological parent reappears.

Can A Biological Parent Reverse A Private Adoption In Texas?

Reversing a private adoption is very difficult, but there are exceptional circumstances. Paramount to any legal proceeding is an individual’s right to due process. Specifically, the birth mother and birth father are entitled to due process before having their rights terminated, either in connection with or before the private adoption takes place.

Suppose there is a due process challenge by an attorney requesting a bill of review on behalf of a biological parent who didn’t receive proper notice, was not properly before the court, or was not properly terminated before the rendering of an adoption. Those would be legal avenues to reverse a private adoption.

Those instances are rare. Still, that’s why it’s essential to have an attorney who specializes in private adoptions to ensure that opportunities for due process and bill of review challenges don’t arise down the road. When you walk out with your final decree of adoption, you should rest easy knowing that it is, in fact, a final decree, not one that can be reversed at a later date.

What Are The Legal Circumstances In Which A Biological Parent Can Reclaim Custody?

There have been circumstances where a long-term private adoption doesn’t work out, perhaps with an older child or a child in a protective services case. There are also scenarios where a child who was previously adopted by non-biological family members becomes eligible for adoption again. If a biological parent is still involved, has contact with their biological child and wants to request that the court grant custody or conservatorship rights, there would be an opportunity to ask for that.

There is another narrow circumstance regarding children involved in Child Protective Services cases. In these instances, the State of Texas is seeking termination of parental rights. A provision in the Family Code provides that if (1) a parent’s rights were terminated, (2) two years pass and that child is not adopted, and (3) the foster care system fails to find a final adoptive placement, then a biological parent can petition the court to have their parental rights reinstated.

Reclaiming custody is more common where biological parents remain involved. In those instances, when the adoptive parents can no longer maintain full custody, the biological parent can claim some custody rights through a subsequent legal proceeding. These tend to be more agreeable circumstances where adoptive parents who can no longer maintain their full custody rights reach out to a biological parent or parents to see if they’re available to help raise the child.

Attorney Christina Perrone is a seasoned lawyer based in Greenville, TX, who has helped countless clients just like you navigate the intricacies of adoption law. With years of experience, she is prepared to assist you by protecting your rights as an adoptive parent against any challenges by biological parents after the adoption is finalized.

Still have questions? Ready to get started? Contact the Perrone Law Firm, PLLC today to schedule an initial consultation.

Do Texas Courts Prioritize Child Stability Over Parental Rights In Contested Adoptions?

In a child custody or family law case, every court’s paramount consideration is the child’s best interest, which is defined by a long list of factors. Some of these factors are outlined in the Texas Family Code. Others come from cases decided by the Texas Supreme Court.

Most of the factors concern impacts on the child’s stability and whether a parent can meet the child’s emotional and physical needs now and in the future. The court does not necessarily prioritize child stability over parental rights. Rather, they consider them together when evaluating whether a person with parental rights can provide what’s in the child’s best interest. That includes a safe and stable home environment.

When a court decides what is in a child’s best interest, no single factor is prioritized over another. The court considers all factors in totality.

However, the law states that biological parental rights are paramount and are generally given priority over the rights of non-family members or individuals. That’s called the parental presumption. The law presumes the biological parents are best able to act in the child’s best interest.

Suppose somebody seeks to challenge biological parental rights in a contested adoption. In that case, they must come prepared with evidence to demonstrate why the biological parent is unable to provide what is in the child’s best interest.

What Is A SAPCR (Suit Affecting The Parent-Child Relationship), And When Is It Relevant?

A SAPCR or Suit Affecting the Parent-Child Relationship is filed in the context of a child custody case where biological parents are seeking to determine managing conservatorship and possessory conservatorship rights, and an order is issued that specifies possession and access between the two parents.

That’s relevant because anyone who is not seeking adoption but instead seeking to have a court order that delineates the co-parenting parameters under which they need to function is relevant in that context.

It becomes relevant in an adoption case when a final order in a Suit Affecting the Parent-Child Relationship sets what’s called a court of continuing and exclusive jurisdiction. This scenario occurs when a final order rendered for a child is subsequently incorporated into another lawsuit.

Maybe someone decides that they want the biological father’s rights terminated because he hasn’t paid child support or exercised visitation as required by the custody order. Perhaps he’s been convicted of a crime that caused him to be away from the child for a significant period. In that case, you have to get that final order and go back to that same court.

If, for some reason, that same court should no longer be the proper venue, then you have to file a motion to transfer. You can’t just file a brand-new case.

That SAPCR or suit is relevant in every context where you’re seeking to have a modification or a subsequent adoption because it establishes the continuing court of exclusive jurisdiction unless and until there’s an order that changes that.

Attorney Christina Perrone is a seasoned lawyer based in Greenville, TX, who has helped countless clients just like you navigate the intricacies of adoption law. With years of experience, she is prepared to assist you by protecting your rights as an adoptive parent against any challenges by biological parents after the adoption is finalized.

Still have questions? Ready to get started? Contact the Perrone Law Firm, PLLC today to schedule an initial consultation.

What Legal Steps Should I Take To Protect My Custody Rights If A Biological Parent Reappears?

After an order of termination is rendered and the order giving the final decree of adoption is signed, there are no circumstances in which due process rights can be challenged, or a bill of review can be filed.

If a biological parent reappears to inquire about the child’s well-being or be part of the child’s life, that’s a question for the adoptive parents to decide. Do the adoptive parents think the biological parent is a safe and supportive adult who should be involved with their child?

At that point, the biological parent has no rights. Those rights were terminated in the termination order. The biological parent has no better standing or rights of access to the child than any stranger.

At that point, there are no steps an adoptive parent needs to take. Hopefully, they worked with an attorney throughout the adoption process. If they did, when they get that final decree of adoption, they don’t need to worry about a biological parent retaining legal rights to the child.

An attorney will ensure instead that the biological parent’s rights have been legally and appropriately terminated under orders issued before the decree was granted.

The adoptive parents need only ensure they’re providing safe and appropriate care for their child. In this context, the law no longer distinguishes between an adoptive parent and a biological parent. That child is now, for all intents and purposes, legally equivalent to a child born to them.

Notes From The Field: Counseling Adoptive Parents Facing A Custody Challenge From A Biological Parent

The most important question to evaluate with your client is: What is the reason for the custody challenge? Is this a case where the prospective adoptive parents thought they would have a young child placed with them because a biological mother wanted to put her child up for adoption? If so, what has caused the mother to change their mind?

Does the mother no longer want to place the child for adoption? Is she choosing instead to parent? Has she instead found a family member to take custody so her rights won’t be terminated?

If, as a prospective adoptive parent, you’re facing the prospect of a contested adoption proceeding, we must have a frank conversation at the outset. Legally speaking, the biological parent comes into the challenge with a presumption that they’re the best equipped and available to raise their child. They’re presumed to be most likely to support their child and act in their child’s best interest.

As an adoptive parent, what do you feel puts you in a better position to do that? Often, when we ask that question, we may learn and help our clients understand that the biological parents or their family may be a better choice.

As a result, this may be a “failed matched adoption,” one that doesn’t proceed to a conclusion. That may be heartbreaking and devastating for the prospective adoptive parents. Still, it’s better to have an adoption that’s legally sound and essentially bulletproof. The alternative is the potential for years of custody battles and challenges that might prevent them from ever feeling safe and secure about their adoption.

It’s a balancing act between the motivations for pursuing the adoption and the desired outcome. We must ensure we’ve set our clients up for realistic expectations for what the result might be.

Still Have Questions? Ready To Get Started?

For more information on whether biological parents can reclaim custody after a private adoption in TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 202-3911 today.