Mansfield | Kinship Adoption

The Law Office of Wendy L. Hart

Kinship Adoption

When relatives step up to care for a child in need, Texas law allows for a special legal process called kinship adoption. A lesser-known process, it helps relatives to formally adopt children who, through no fault of their own, are no longer supported and cared for by their biological parents, and working with an experienced Kinship Adoption Lawyer in Mansfield can help ensure the process goes smoothly and protects the child’s best interests.

If you’re considering adopting a relative in Texas, working with an experienced Kinship Adoption Lawyer in Mansfield ensures every step is handled with care, compassion, and compliance with state law. Our experienced family law team is dedicated to keeping children safe and stable by supporting relatives who step up to become legal parents.

What Is Kinship Adoption in Texas?

Kinship adoption is the legal process through which a close family member petitions for permanent parental rights over a child. This can be a grandparent, aunt, uncle, sibling, or adult cousin. Unlike foster care or non-relative adoption, kinship adoption preserves family bonds and prioritizes emotional stability. The courts and Child Protective Services (CPS) strongly favor placing children with trusted relatives, recognizing the unique sense of belonging and continuity these relationships provide.

With kinship adoption, the caregiver then becomes the child’s legal parent. This legal status is critical for making decisions about education, healthcare, and life events, and it has full protection from the courts.

Who Can Adopt a Relative in Texas?

Relatives Allowed Under the Texas Family Code

Texas law permits a range of relatives to adopt a child if it is in the child’s best interest. Traditional Traditional adoption can take a child completely away from family members, while kinship adoption can preserve the child’s family ties. Under Texas Family Code § 162.001(b)(1), a child or children can be formally adopted by their:

Grandparents
Aunts and uncles
Adult siblings
First cousins
Other close family members

Legal Requirements for Kinship Adoption

Kinship adoption takes less time than other forms of adoption, but it still involves strict criteria. To qualify, the adopting relative must meet several legal requirements:

Be at least 18 years old
Be a resident of Texas
If married, both spouses must file for adoption together
The child must have lived with the petitioner for at least six months; however, this requirement can be waived in special circumstances.

Additionally, the court may require proof of a stable income, a safe living environment, and a clear criminal background check for all adults in the home.

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(817) 842-2336

Address

200 W. Oak Street Mansfield, TX 76063

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Wendy has worked on two separate family issues I have had. She always provides sound advice and recommendations regarding family law. She will always be the first person I go to when I have a question or a problem.

– Darcy

The Legal Kinship Adoption Process in Texas

Kinship adoption is not automatic if a child is removed from parental custody (or if one or both parents are deceased) and placed with a relative. Texas has a specific process to follow to complete the adoption.

Filing the Adoption Petition. The process begins with filing a Petition for Adoption in the appropriate court. This petition includes supporting documents such as proof of family relationship, financial responsibility, and the child’s birth certificate.
Home Study and Background Checks. A critical part of adopting a relative in Texas is the home study. This comprehensive review assesses your home environment, financial stability, and readiness to parent, and is conducted by a licensed social worker or agency. The home study includes interviews, home inspections, references, and criminal background checks for all adults in the household.
Termination of Parental Rights (If Necessary) If the biological parents retain parental rights, those rights must typically be terminated before adoption can proceed. The court may order this if the parents agree or if they are deemed unfit or absent. This legal step ensures the adopting relative becomes the child’s sole legal parent.
Court Hearing and Finalization. Once requirements are met, a judge sets a hearing to review the entire case. The judge confirms all paperwork, home study findings, and that the adoption serves the child’s best interests at this hearing.

Upon approval, the court issues a final decree of adoption. The child then becomes a permanent and legal member of the adopting relative’s family, just as any biological children would be.

Why Hire a Kinship Adoption Lawyer in Mansfield?

Adopting a relative in Texas involves specific legal procedures. A skilled Kinship Adoption Lawyer in Mansfield will:

Guide you through eligibility requirements
Prepare and file all necessary legal documents
Coordinate the home study process
Represent you at hearings
Address unexpected legal challenges, such as contested adoptions or waivers for residency requirements.

With professional legal support, you reduce the risk of delays and ensure the entire process is as smooth and supportive as possible.

FAQs: Kinship Adoption and Adopting a Relative in Texas

If you’ve decided to pursue adopting a relative in Texas, you may have questions. These are some of the most frequently asked questions about kinship adoption.

1: How long does kinship adoption take?

The process typically takes several months, varying based on court schedules, the time needed to complete the home study, and whether parental rights need to be terminated.

2: Do I still need a home study if the child has lived with me for years?

Yes. Texas law requires a current and comprehensive home study for all adoptions, even if the child has been in your care long-term.

3: What does the home study entail?

The home study covers household safety, financial stability, and family dynamics, including criminal background checks and personal interviews. Fees can range from $500 to $1,500.

4: What if the biological parent opposes the adoption?

The case may become contested. The court will weigh all evidence, considering the child’s safety, best interests, and the reasons for any opposition.

5: Are there post-adoption requirements or support?

Relatives who adopt a child gain all legal parental rights and responsibilities. You may be eligible for post-adoption support services depending on your situation.

Benefits of Kinship Adoption

When a child’s biological parents are unable to care for them and the need is urgent, a trusted relative can step in to care for the child immediately. Relatives are preferred since the alternative, foster care, can be an additional emotional upheaval for children. Kinship adoption offers:

Emotional Security: Children feel safer and more supported within familiar family bonds.
Legal Stability: Kinship adoption ensures you can make all critical decisions for the child’s education, healthcare, and daily life without barriers.
Long-Term Resilience: Research shows children adopted by relatives maintain stronger family ties and experience better long-term outcomes than those placed with strangers.
Access to Benefits: As the child’s legal parent, you can secure medical insurance, Social Security benefits, and education-related advantages for your adopted relative.

Children benefit from both adoption and keeping ties with their family.

Our Commitment as Your Kinship Adoption Lawyer in Mansfield

Choosing to adopt a relative is a deeply meaningful act. Our firm supports you from the first consultation through final court proceedings, offering:

Step-by-step legal guidance
Compassionate counsel for sensitive family issues
Comprehensive preparation for home studies and hearings
Clear communication at every stage

Our goal is to make the process of kinship adoption as seamless and reassuring as possible, so you can focus on building a secure, loving future for the child you care about.

Start Your Kinship Adoption Journey Today

If you’re considering adopting a relative in Texas, contact our Mansfield office and connect with a dedicated Kinship Adoption Lawyer in Mansfield. We offer initial consultations to discuss your unique family situation and outline a clear, effective strategy for success.

Let our experience become your peace of mind so you can welcome your loved one into your family with confidence and legal security.

Kinship Adoption Lawyer in Mansfield

If you are considering kinship adoption in Mansfield, Texas, get legal help from the start. Contact our experienced Mansfield adoption lawyer today for personalized guidance and support from beginning to end.

The Law Firm of Wendy L. Hart is dedicated to helping families and individuals understand the full scope of Texas adoption law, from initial paperwork and home studies to final court hearings. We will assist you every step of the way, ensuring all legal requirements are met and your rights are protected. Let our compassionate legal team assist you in building and caring for your new family members with confidence.

Contact us today online or by calling (817) 769-6637 to schedule your consultation and take the first step toward a successful kinship adoption.

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