It sounds like a terrible thing, but there are times when an adoption in Houston, Texas needs to be reversed. Sometimes it’s because the birth parents changed their mind or challenge the legality of the adoption. Or, the adoptive parents decide that adopting the child may have been a mistake. It’s very rare, but it does happen.
The Courts in Houston understand that this happens. Their main concern is that the best interests of the children are protected. If that means that the adoption needs to be reversed then so be it. It’s the judge’s job to make sure the children are in a loving environment that’s safe and healthy for them. This may require that they be placed back with their biological parents. Or, it may mean that another couple adopt them instead.
If you have adopted a child and believe it was a mistake, it won’t be easy to reverse the adoption in Houston, Texas . Just because you ask the court to do so doesn’t mean the judge will approve it. Adopting a child is not like leasing a car. You can’t just change your mind and bring it back to the dealership. There are emotions involved and it can be very harmful to a child to adopt them one minute and then reverse the adoption the next. If this is something you really want to do, you need to call an experienced adoption lawyer in Houston right away.
Who Can Petition to Reverse an Adoption in Houston, Texas?
Only certain people can apply to the court to reverse an adoption. Your Houston adoption attorney knows how the law works in this regard. The following three (3) parties may petition the court to reverse an adoption in Texas:
- The birth parents – If the birth parents claim they were forced to sign away their parental rights, they can contest the adoption and file a petition for reversal. The same is true if they believe they made a mistake.
- The adoptive parents – While this is rare, the adoptive parents are allowed to ask the court to reverse the adoption. If they have been unable to establish a positive relationship with the child, they can ask the court to reverse it. Or, if something happens to the adoptive parents and they’re not able to take care of the child, they can file a petition as well.
- The Child – The child who was adopted can actually ask the court to reverse an adoption. If they believe their relationship with their adoptive parents is not healthy, they can request a reversal. Or, if they want to become emancipated, they can petition the court for an emancipation.
The court will give each of these parties a fair opportunity to prove their case. However, the judge is going to be very reluctant in approving this petition.
What Circumstances Would Warrant an Adoption Reversal?
It is very unusual that a judge would grant a petition for the reversal of an adoption. It has to be in the best interests of the child. Or, it has to right a wrong that took place during the initial adoption process.
Some of the situations in which a family law judge would approve an adoption reversal include the following:
- It is in the best interests of the child – No matter who filed the petition, if the judge believes it’s in the best interests of the child, they will approve the petition, For example, if the adoptive parents are dying or are abusive, the judge would more than likely grant the petition.
- The initial adoption involved fraud or duress against the birth parents – If the birth parents can prove that they were forced or unduly pressured to consent to the adoption, the judge will probably grant the petition for reversal. However, the proof will have to be clear and convincing for them to do this.
- The birth parents’ time to challenge the adoption had not expired – If the court granted the adoption before the birth parents’ time to contest the adoption expired, they will have to honor the petition to reverse. The birth parents’ rights are taken very seriously. If the court believes these rights were violated, they’ll have to honor the request.
Contact an Experienced Adoption Lawyer in Houston
If you’re considering petitioning the court to reverse an adoption, you’re going to need help. It is very difficult to convince a judge that this is in the best interests of the child. You should call and speak with an experienced adoption lawyer at Eddington & Worley right away.