Perhaps you have taken care of your grandchildren for years and you would like to make the relationship official. Or circumstances have changed and your grandchildren need someone else to take care of them. Whatever the case, you are ready to start the adoption process. What steps do you need to take? How can you get approval to adopt the kids you love so much?
As Houston adoption lawyers, we are privileged to experience the moments when grandparent adoptions are completed. We also understand the complex nature of these adoptions and the legal issues that can prevent Texas grandparent adoptions.
In order to adopt your grandchildren, you must show the court that you have been the children's primary caregiver for an extended period of time and that the children's biological parents do not have the capacity to provide parental care.
To begin the adoption process, file a Petition for Adoption. If the children's parents are still living, you must also file a petition to terminate the parent-child relationship. In a hearing, you will need to show that it is in the children's best interests for you to be appointed possessory conservator. You will also need to provide references and go through the home study process to show that your home is appropriate for your grandchildren.
Obtaining custody of your grandchildren
Grandparents can also request custody of their grandchildren in certain circumstances. In order to receive child custody, grandparents must show that the children have lived with them for at least six months; one of the parent's parental rights have been terminated; the parents are deceased, incarcerated, incompetent; or the children have been abused. Grandparents have the burden to prove that granting custody to the grandparents is in the children's best interests.
Obtaining custody or adopting your grandchildren may be an uphill battle, but it is a battle worth fighting.