Overcoming the Unexpected Challenges of Adoption Within a Family

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Many families are surprised at the difficulties that arise when they try to adopt a grandchild, niece, or other family member, known as a kinship adoption. It seems like adopting a member of your own family should be a mere formality, needing nothing more than signatures on a few forms. However, often that is not the case.

Even when a biological parent has left a child with a family member, being unable to care for that child, the reality is that adoption of kinship involves many requirements. And when a biological parent is unfit to parent a child, and a relative, such as a grandparent or sibling, steps in to protect the child, it often turns into a contentious court battle.

Partners Carla Calabrese and Lee Budner of the family law firm Calabrese Budner offer some insight on the process (and challenges) of adoption within a family. “We understand the issues that come with interfamily custody and adoption cases,” says Carla Calabrese, managing partner. “Our expertise experience in this area allows us to handle these cases with the utmost care and expertise.”

Adoption Requires Termination of Parental Rights

“Before you can adopt a child who is a relative, the law requires termination of the birth parent’s rights,” says Lee Budner. In other situations where a biological parent realizes that they need help and aren’t prepared to care for a child, they might agree to the idea of having another member of the family adopt the child. However, when they learn that their rights as a parent will be legally ended to effectuate an adoption, they suddenly grow stubborn and refuse to cooperate with the process. They cannot bear the thought of “giving up” their child.

In the event a biological parent is completely unwilling to relinquish parental rights, Calabrese Budner often has the grandparent or other family member obtain conservatorship orders instead of adoption orders. In this situation, the biological parent may have some rights, but the sole rights to care for and “parent” the child will be given to the family member.

When Substance Abuse or Mental Illness is Involved

The situation becomes even more sensitive when a parent’s inability to care for a child is rooted in drug or alcohol addiction or mental illness. “Our team understands the legal and practical complications that must be addressed in these circumstances,” Calabrese says. “It’s essential to respect the dignity and privacy rights of everyone involved while still taking the most effective steps to ensure that the child’s current and future emotional and physical health is protected. We approach each case with sensitivity, understanding, and a commitment to achieving the best possible outcome for our clients.”

An interfamily custody case can be an intense experience for biological parents, family members, and children, regardless of the reason. “We know that cases involving substance abuse or mental illness are particularly difficult and often painful, and we work to minimize the effects of the trauma and ensure that our clients have the support they need throughout the process,” Budner says.

What is Involved in Terminating Parental Rights?

Because of the final nature of the action, terminating the parental rights of biological parents requires a court order, even when parents are not contesting the action. Parents can sign a voluntary relinquishment of parental rights to end the legal relationship voluntarily, but a judge must sign a court order for the termination to take effect.

When a biological parent does not consent to termination or a birth father cannot be located, the process becomes more involved. It will be necessary to produce “clear and convincing evidence” showing why it is in the child’s best interests to terminate parental rights. You will be required to prove that the current environment of the child significantly impairs the child’s emotional or physical health or well-being. “Generally, this means demonstrating that one or both parents are unfit to serve in the role,” Calabrese says. “For instance, it may become necessary to prove that a parent’s use of alcohol or drugs interferes with their ability to provide a safe home.” Budner adds, “Or, we may need to prove that a parent abandoned, neglected, or abused the child. Making these accusations and presenting evidence of unpleasant truths can be extremely painful and lead to permanent discord within an extended family, but often they are still necessary to protect a child’s physical or emotional heath.”

Adoptions Within the Family Must Fulfill Numerous Legal Requirements

In addition to going through the legal process of terminating the birth parent’s parental rights, a kinship adoption in Texas requires adopting family members to complete numerous other legal requirements. This includes undergoing a home study, completing comprehensive background checks, and providing documentation and references. Even when a child has lived with you for some time, adoption professionals must investigate thoroughly to ensure that you can provide a safe and stable home for the child.

Some people find the process unnecessary, given they are related to the child at issue. However, it’s important to remember that while you are fully aware of your qualifications to serve as the child’s parent, others are not. “Every aspect of your ability must be proven from scratch to guarantee that the child will have the stable future home and family they deserve. Our team can also assist you with the home study and other parts of the adoption process,” Calabrese says.

Let Calabrese Budner Guide Your Family Through the Process

An interfamily custody or adoption case requires delicate handling. The attorneys at Calabrese Budner prioritize the safety of the child while still preserving family relationships if they can. Like you, they want the child to have the opportunity for the best life in the future, and, if it can be avoided, they don’t want the legal process to become a painful, ugly courtroom battle that pit family members against one another. Calabrese Budner approaches matters with tact and diplomacy and works to keep the child isolated from any conflict. In those cases where there is no choice but to be more aggressive to protect a child’s mental and physical health, they can and will go to the mat to obtain that protection for a child.

Calabrese Budner is committed to providing comprehensive support and advocacy for families facing these challenging situations. They know how to effectively gather and present the necessary evidence with diplomacy and tact. When emotions run high, they keep proceedings logical and focused on the child’s best interests. Their extensive experience with kinship adoptions and termination of parental rights enables them to advocate successfully without unnecessary conflict or drama.

Calabrese Budner is Here for You

Calabrese Budner is dedicated to advocating for families and children, including grandparents and other relatives who seek to protect children to whom they are related. The attorney’s experience and connections with the adoption community enable them to provide comprehensive advice and unmatched support. If you are facing a contested termination or need guidance on adoption within the family, schedule a consultation so Calabrese Budner can put their experience to work for you and your family.

To learn more about Calabrese Budner and their expertise, visit calabresebudner.com or call 214-939-3000.