The #1 Adoption Lawyer in Tomball, Texas

Embarking on the journey of adoption is both exciting and complex. Our experienced adoption lawyer in Tomball, Texas is here to guide you through every step, ensuring a smooth and supportive process from start to finish.

Schedule A Consultation

Tomball’s Best Adoption Attorney Fights For You

At Essex Law Firm, we are dedicated to helping families navigate the process of domestic private adoption, including step-parent adoptions in Tomball and throughout Texas. There are two main types of adoptions in Texas: private and agency-assisted. This adoption lawyer page focuses specifically on domestic private adoptions and does not cover agency or international adoptions.

Our experienced adoption lawyer, Marivonne Essex, provides expert legal support to navigate the complexities of adoption law, ensuring that every step is handled with care and precision. Whether you’re adopting a child from within your family or starting a new journey through private adoption, we are here to assist you in making the process as smooth and successful as possible.

If you’re ready to start your adoption journey, reach out to Essex Law Firm today. Our experienced adoption lawyer in Tomball, TX provides compassionate and skilled legal support to ensure a smooth and successful adoption process.

Licensed Family Law Attorney
Nearly 40 Years of Protecting Your Rights
Expert Guidance Through Complex Family Matters
Trusted by Thousands of Texas Families
Compassionate and Personalized Legal Support

Book A Consultation
For Expert Legal Support IN Texas

Understanding the Termination Process Before Adoption in Tomball, TX

Prior to the adoption itself is the termination process, a separate procedure that is often conducted immediately before the adoption. This process is integral to the adoption as adoption cannot occur unless termination has taken place. Termination of parental rights is a process in which, for all practical purposes, the parent’s rights and duties to a child are legally erased, as if the child had never been born to that parent.

Involuntary vs. Voluntary Termination of Parental Rights

Involuntary terminations involve weighing the constitutional rights of a parent against the best interest of a child. Courts take parental rights very seriously, and involuntary terminations place a heavy burden on the person seeking to terminate those rights.

Voluntary terminations, such as in the case of step-parent and grandparent adoptions, occur much more frequently. Although such adoptions require strict adherence to Texas laws to protect all parties, they are usually approved if all laws are followed carefully.

Filing the Petition for Termination and Adoption in Tomball, Texas

The termination/adoption process begins with the adopting person(s) filing an original petition for termination and adoption. This petition is a crucial legal document in which the request for both the termination of parental rights and the subsequent adoption is formally made.

In the case of a step-parent adoption, the process requires the biological mother and step-father to jointly file the petition. This collaborative step ensures that both parties are legally committed to the adoption and acknowledges their roles in the child’s future.

The petition outlines the reasons for the adoption, details about the adopting parties, and provides a legal basis for the court to review and grant the request. The careful preparation and submission of this petition set the foundation for the legal proceedings that will follow, ultimately guiding the adoption through to its successful conclusion.

Consent and Procedures for Private Adoptions in Tomball, TX

Navigating the adoption process in Tomball, Texas involves understanding both the consent requirements and the procedures for cases where consent is not straightforward. Whether an adoption is voluntary or non-voluntary, specific protocols must be followed to ensure that all legal requirements are met. This section outlines the essential steps for obtaining consent in voluntary adoptions and the necessary procedures when dealing with non-voluntary adoptions where the whereabouts of biological parents may be unknown or their agreement is not forthcoming.

Consent and Documentation for Voluntary Adoptions in Texas

If the procedure is voluntary, the biological father (in the case of a step-parent adoption) or biological mother and father (in the case of a private, non-step-parent adoption) must sign a number of documents. This involves waiving interest in the child, relinquishing legal rights to the child, swearing to the status of the child, and agreeing to the procedure. These documents are filed with the Court. The written consent of a child over 12 to be adopted is also required and must be filed with the Court.

Procedures for Non-Voluntary
Adoptions in Texas

If the adoption is not voluntary because the biological parent(s) cannot be located, specific procedures must be followed to provide the absent parent(s) as much notice as possible. If the biological parents can be located but do not agree in writing, careful procedures must be followed to assure that they were given notice and did not timely respond to the court.

Required Reports and Studies for Private Adoptions in Tomball, Texas

When pursuing a private adoption in Tomball, Texas, several essential reports and documents must be prepared and submitted to ensure compliance with legal requirements. This helps verify the suitability of the adopting individuals and the welfare of the child. Understanding these requirements can streamline the adoption process and help avoid delays. Below are key reports and procedures involved in private adoptions.

Health, Social, Education, and Genetic History Report

If the adoption is not a step-parent or intra-family adoption, a Health, Social, Education, and Genetic History Report is required. This report includes information about the child’s physical or sexual abuse history and must be completed by the parent placing the child for adoption. The report must be signed by the adopting parents.

Social Study

A request for a social study must be included in the petition for termination/adoption. The court will appoint a local agency to conduct the social study, which includes a home visit, interviews with biological parents, checking references, reviewing criminal history reports, and making other inquiries necessary to determine the child’s best interest. The caseworker’s report is filed directly with the court and usually takes 8-10 weeks to complete. Additionally, the court may appoint an amicus attorney to conduct an investigation and report back to the court.

Criminal History Report

As part of the adoption process, a Criminal History Report is required for the adopting person(s). This report, which details the criminal history record, must be requested from the Texas Department of Public Safety (DPS). It is essential for the court to ensure that the adopting person(s) have a clean criminal background and are suitable to provide a safe environment for the child. This report, which typically takes 3-6 weeks to receive, must be filed directly with the court.

Finalizing the Adoption Process

Once the Criminal History Report, Social Study report and amicus’ report are filed, assuming all other consent and notice documents are in the court files, a hearing is held in which the termination proceeding takes place and the adoption finalized. From time of filing the original petition to the time of the hearing, the entire process usually takes five-six months to complete. Once the judge grants the adoption, the adopting parents may obtain a certified copy of the court order and may then request a new birth certificate for the child.

Our Reviews

Hear What Our Clients Say About Our Adoption Lawyer Services in Tomball, TX

What Sets Us Apart

Why Choose “The Red Headed Lawyer” for Your Adoption Case in Tomball, Texas?

Adopting a child is a joyous occasion, but the legal process can be complex. At Essex Law Firm, we guide families through every step of the adoption process, providing the legal expertise needed to ensure a smooth transition. Here’s what makes our adoption lawyer services stand out:

Cost

There are so many different ways lawyers charge! Some say flat fee, some say retainer, some say flat fee for this or that, retainer and hourly rate for something else. At Essex Law Firm, P.C., every case is a flat-fee case, specifically geared to you. This means you know up-front exactly what your case is going to cost and you don’t pay for what we don’t do. (We even offer an electronic funds transfer (EFT) payment plan and you can make payments via LawPay.)

Experience

You have the right to assume that any lawyer you hire will have at least some experience. Is it enough for your case. The “Red Headed Lawyer” has 31 years experience. She has practiced many times in front of almost every judge in Harris and Montgomery counties. She lets you know what to expect from your court and your judge.

Knowledge

Every lawyer in Texas must pass the bar exam and be licensed to practice. But what should you look for beyond that? You need Marivonne Essex—an adoption attorney in Tomball, TX who stays current with legal changes, regularly attends continuing education, and isn’t too busy to conduct the necessary research to build a strong case. She is dedicated to doing what it takes to achieve the best possible outcome for you.

FAQ

Frequently Asked Questions About Adoptions in Tomball, Texas

How long does the adoption process typically take?

The adoption process usually takes about five to six months from the initial petition to the final court hearing. This timeline can vary based on factors such as the completeness of documentation, the efficiency of required reports, and the court’s schedule.

Is it necessary to hire an adoption lawyer for the adoption process?

While it’s not legally required to hire an adoption lawyer for adoption, having one is highly recommended. An adoption lawyer can help navigate the complex legal requirements, ensure that all documents are properly filed, and represent you in court, making the process smoother and less stressful. While some adoptions may appear straightforward, even minor errors in the process can lead to delays or complications. An adoption lawyer’s expertise helps to ensure that all legal requirements are met, and they can address any issues that arise, providing peace of mind.

What happens if a biological parent does not consent to the adoption?

If a biological parent does not consent to the adoption, the court must follow specific procedures to provide notice and allow the parent to respond. The adoption can proceed only if the court determines that terminating the parent’s rights is in the child’s best interest.

What Costs Are Associated With Adopting A Child In Texas?

In Texas, domestic private adoptions—including step-parent adoptions—can incur various costs. These may include legal fees, home study expenses, court costs, and any additional fees associated with the adoption process. Be sure to explore potential financial assistance options and thoroughly understand all costs involved before starting the adoption process. We will explain all our legal fees if you choose Marivonne Essex as your divorce lawyer in Tomball, TX.

Can the adoption process be expedited?

The standard adoption process generally takes several months. While certain factors, such as the efficiency of obtaining required reports and the court’s schedule, can affect the timeline, the process cannot typically be expedited beyond the standard procedures.

What happens if the biological parents cannot be located?

If the biological parents cannot be located, specific procedures must be followed to provide as much notice as possible. If they are located but do not consent in writing, the court must ensure that they were properly notified and given the opportunity to respond.

What Are The Eligibility Requirements For Adopting A Child In Texas?

To adopt a child in Texas, you must be at least 21 years old and meet various requirements regarding financial stability, background checks, and home inspections. Single individuals, married couples, and same-sex couples can all adopt, provided they meet the state’s criteria.

Can Adoptions Be Open Or Closed In Texas?

Yes, adoptions in Texas can be open or closed. In an open adoption, there is some level of contact or communication between the adoptive parents and the biological parents. In a closed adoption, there is no contact, and the adoption records are sealed. The type of adoption arrangement depends on the preferences of the parties involved and the adoption agency’s policies.

More Questions? Get expert legal council with our adoption lawyer Marivonne Essex!

Schedule a Consultation

Our Services

Explore Our Full Range of Family Law Services in Texas Beyond Adoptions

Family Law Services

Divorce

Child Custody

Child Support

Adoption & Termination

Will & Probate Services

Estate Planning

Wills

Probate

The Best Adoption Lawyer Near You in Tomball, Texas

As a distinguished adoption lawyer in Texas, Marivonne Essex offers expert legal services across the state. With nearly 40 years of experience, she is adept at navigating the complexities of adoption laws and the specific procedures of various county courts in Tomball and throughout Texas.

If you’re looking for a trusted adoption lawyer in Tomball, Texas who understands the nuances of different county courts and is committed to providing personalized legal support, you’ve come to the right place.

Explore Our Service Area