What Is the Legal Process to Become a Non-Biological Parent to a Child?

The legal process to become a non-biological parent to a child often involves adoption. Depending on the circumstances, other options may be available. To find out which option is best for your situation, meet with a lawyer who has relevant case experience.

With help from San Antonio adoption attorneys, you can avoid issues as you go through the legal process of becoming a non-biological parent to a child. Your lawyer will learn about your desired outcome and offer tips and recommendations on how to achieve it. They can address your legal concerns and questions every step of the way.

What is a non-biological parent?

A non-biological parent refers to an adult who is not the biological mother or father of a child but takes on a parental role for them. Non-biological parents may include:

• Stepparents
• Grandparents
• Aunts
• Uncles
• Family friends

If the State of Texas recognizes you as a non-biological parent, you have the same rights as those of the child’s biological parents. Thus, you can make important decisions about where your child goes to school,  which doctor they see, and other aspects of their life. Also, if you were to ever separate from your spouse or domestic partner, you could maintain custody and visitation rights to your child.

Can I become a non-biological parent to a child?

You can become a non-biological parent to a child if you meet certain criteria and complete the legal process to do so. In many instances, adoption is the best option to become legally recognized as a child’s non-biological parent.

Consult with San Antonio family law attorneys if you are thinking about becoming the non-biological parent of a child. The legal process for gaining the rights of a non-biological parent can be overwhelming. Your lawyer can determine if you are eligible to obtain a non-biological parent’s rights and, if so, explain what the process to do so entails.

What is the legal process to become a non-biological parent to a child in Texas?

Adoption may be a great option to become a child’s non-biological parent. The Texas Department of Family and Protective Services (DFPS) has a process for how to become an adoptive parent. Through adoption, you could gain full legal custody of a child who is not a blood relative.

In addition to adoption, there are opportunities for stepparents to become adoptive parents. For example, you marry someone who has a child. You could file a petition with the court to legally adopt this child as a stepparent. If you are successful, the non-custodial biological parent’s legal rights and responsibilities are terminated. Meanwhile, you will have the same parental rights as the other parent in your relationship.

For same-sex couples, you could pursue a second-parent adoption. This may allow you or your partner to obtain legal rights over a non-biological child without terminating the other biological parent’s rights.

You could seek legal guardianship of a child. As a guardian, you can make decisions on a child’s behalf. Alternatively, you do not have full parental rights.

Tips to help you become a non-biological parent to a child

Becoming a non-biological parent is a major decision that will impact you and your child. Use these tips to help you determine if now is the right time to start the legal process of becoming a child’s non-biological parent and how to address any challenges you could face along the way.

Get legal help right away

If you choose to go through the legal process alone, you are susceptible to mistakes that could keep you from achieving the optimal result. Discuss the process of becoming a non-biological parent with an attorney. During your discussion, your lawyer can help you come up with a plan for gaining legal rights to care for and support a non-biological child.

Initiate the guardianship process

With your lawyer’s help, you can file a petition with the court. A hearing will be held in which you or the individual who wants to become a non-custodial parent explains why they feel it is in the child’s best interests to become their guardian. The court will consider various factors as it decides what to do, including:

• The child’s relationship with one or both of their biological parents
• The relationship between the child and the person who wants to have legal rights as their non-biological parent
• The child’s best interests

The court could decide to name you or the person you want to serve as a non-biological parent as a legal guardian. If this happens, you or the individual named as a legal guardian is still not considered a legal parent of the child.

Keep in mind that a legal guardianship can be modified. If circumstances change down the line, you or the person who has already been named a legal guardian could pursue becoming a non-biological parent of a child at a later time.

Create a parenting agreement

If a court does not allow an individual to become a non-biological parent of a child at this time, it can still benefit the child to establish a parenting agreement. This defines the relationship of two adults as they care for and support a child. It can include details about:

• Financial support for a child
• Child care
• Who is responsible for making decisions on a child’s behalf

Parenting agreements are not legally binding. Yet, they can be enforced if a dispute arises. Therefore, it is paramount to work with a lawyer who knows how to establish parenting agreements that align with the best interests of all parties involved. This attorney can craft an argument that could allow a non-biological parent to help a child realize their full potential.

If you are worried about what will happen as you try to become a non-biological parent to a child, ask for legal help. An adoption lawyer is familiar with the legal process for becoming a non-biological parent. They can walk you through this process and resolve any issues that arise.

Do you need a lawyer to help you with the legal process to become a non-biological parent to a child?

Hiring a lawyer is a must to put yourself in the best position to become a non-biological parent to a child or help someone you know achieve this goal. Your attorney understands the complexities of this process. They are able to assist you at each stage and make sure you are well-equipped to provide a compelling argument that shows the court you or another individual should be named a child’s non-biological parent.

Of course, the lawyer you select as your legal representation is key. Partner with an attorney who is committed to your case. Your lawyer learns about your legal goals and offers tips and recommendations on how to achieve them. They keep the lines of communication open and ensure you get the legal services and support you need consistently.

Grable Grimshaw PLLC is a proven choice for those in need of family law, divorce, and civil litigation attorneys in San Antonio. We prioritize unparalleled focus, integrity, and passion in all that we do. We are here to assist you as you go through the legal process to become a non-biological parent to a child. For more information or to schedule a consultation, contact us today.