Adult Adoption: Can You Adopt An Adult and Let Them Inherit From You?

About Adult Adoption

Adult adoption is unique. It produces a parent-child relationship between two adults that did not exist before. The process declares that the person being adopted is the legal “child” of the other party. If you are married, you can choose to have both you and your spouse adopt the adult, or only one of you can choose to adopt.

Why adopt an adult, someone that is at least 18 years old? We all know why someone may adopt a minor, that needs continuous care, but why adopt a self-sufficient, independent adult? There can be a few reasons. As a legal heir of the adoptive parent, the adoptee is entitled to all the same privileges and rights as a birth child.

Likewise, the new heir is also legally bound to the same obligations as a natural born child. Most commonly, adults are adopted for inheritance or estate purposes. For instance, the adoptive parent can easily leave assets to the adopted adult.

The next common reason for adult adoption is simply to formalize a relationship that has long been akin to a parent-child relationship. We all know situations where a person “takes-in” a relative or other child, but never ends up adopting the child. Adult adoption offers a chance to finally formalize this relationship.

We also see cases where the adopted adult is in-need of on-going care. Adoption can provide a way for the adoptee to receive long term care under family insurance coverage or an inheritance. In this case, the adult being adopted would be able to get financial and/or medical support not otherwise available.

Adoption Day

Adult adoptions are filed in the county or district court where you live. Once all the necessary steps have been completed, a judge will hear your case in a court of law. During the hearing, prior parental rights will be severed and the judge will make sure all requirements have been met and all documents are in order.

The adoptee will likely need to attend the adoption ceremony where an order is signed and the adoption is finalized. It is common, though not required of course, for the family to bring a camera and take pictures with the judge to commemorate the occasion.

Effects of an Adult Adoption

Upon completion of the adoption, the adopted adult will have the following benefits:

• Legal parents
• New Birth Certificate
• Legal Rights to Inheritance
• New Name (this is an option, but is technically a separate legal action)

The adopted adult is issued a new birth certificate showing the adoptive parent(s) as the birth parents. In the process, adoption severs any current legal relationships with the biological parents.

After the adult adoption is final, families can begin their next chapter with structure and stability. Adoptions are permanent orders that cannot be undone by a divorce or a separation of the adoptive parents.

The adoption gives the adult the ability to inherit from the adoptive parents. The adoptee’s eligibility for group health insurance is another large benefit of adoption. Lastly, older children are given the opportunity to choose their new name. Adoption is an exciting event well worth the journey.

How TLC Law Can Help

TLC Law can tell you if adult adoption would be a good option in the first place. If it is something you want, TLC Law will handle all the legal issues that arise during an adult adoption. From processing paperwork and making sure all documents are completed to representing you in the court.

As your voice in court, we can explain why the adoption should take place and ensure the best possible outcome. Adult adoptions are typically drama free if all parties are in agreement and have open communication. Give us a call at (903) 871-1714 to get the adoption process started!

Additional References

https://www.dshs.texas.gov/vs/reqproc/adoption_general.shtm

https://en.wikipedia.org/wiki/Adult_adoption

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Conservatorship Cases and Why Your Behavior Matters

Conservatorship means custody.  However, conservatorship cases are about much more than mere possession of a child. These cases encompass all of a parent’s rights as well as obligations in relation to their child. The right to “possess” a child, manage their upbringing and make medical, educational, moral and religious decisions are just some of the topics addressed in a conservatorship case.

When a conflict arises, one parent (or a non-parent in some instances) can seek to limit the rights of the other parent and impose obligations on that other parent such as child support.  As you might expect, these circumstances provoke some of the most heated and emotional legal battles imaginable. The bond between parent and child runs so deep that parties to a conservatorship dispute can easily lose their cool. Sometimes the parents become extremely defensive and even self-destructive.

As legal counsel, I want to remind you how your behavior and demeanor during a suit can be a huge benefit or huge detriment in getting the outcome you want. Conservatorship is about the child and the facts of the case. Your behavior should reflect this.

Child’s Best Interest and Case Facts

The primary consideration in determining conservatorship is the best interest of the child.  Quite simply, conservatorship is about what is best for the child, and that is not necessarily what is best for you!  Conservatorship is also not a means of punishment.  Many parents enter custody proceedings with dislike or even disdain for their child’s mother/father.  This is a natural response as most conservatorship proceedings are an offshoot of divorce, separation or some other discord between the parents.  Dislike or disdain can cloud your judgment when it comes to conservatorship, however.

You need to keep in mind that conservatorship disputes, like other legal disputes, typically hinge on the facts of the case and not on who makes the biggest scene.  Screaming the loudest, making the most demands, or playing the victim card with the most gusto will not help your case. If your actions show a willingness to put the child first and cooperate with the other party above your own selfish interests, you are much more likely to get a favorable judgment.

To this end, I would recommend that you take steps toward self-improvement while a case is ongoing.  Address weaknesses you have as a parent and as a person. Your opponent will likely bring them up anyway, so deflect those concerns through self-evaluation prior to trial. Show the other side and the judge that, no matter how much you might dislike the other side, you are serious about keeping a long and healthy relationship with your child.

Agreement is Often Best

The judge (or jury) will determine conservatorship if you and the other party cannot come to an agreement, known as an “Agreed Parenting Plan.”  I encourage parties to work together to come to an agreement because that is often what is best for the child.  If conservatorship is left to them, judges typically apply what is called a “Standard Possession Order.”  An SPO can work in many instances and even permits parents to deviate from it upon agreement.

However, if one parent is unhappy with the terms it can become unworkable. An Agreed Parenting Plan allows you to customize terms that work for the parents’ unique schedules and preferences. Compromising with the other party and coming to an agreement also lets you avoid harsh, cookie-cutter terms, which might be unduly burdensome in your situation.

In conclusion, as a party in a conservatorship case, the ability to manage your emotions and behavior play a large role in the outcome of your case. Taking steps to stay level headed, sticking to the facts, and putting the child’s interest above your own will serve you well.

For legal help with conservatorship related issues, call TLC Law, PLLC today at 903-871-1714 to see if we are a good fit for your case.

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Why Should You Choose Mediation?

Mediation is a form of alternative dispute resolution with the goal of resolving disputes between two or more parties. Typically, a third party, the mediator, assists the parties in negotiating a settlement. Mediation is used in many areas, such as commercial, legal, workplace, community and family legal matters. This article will give you a better understanding of mediation by explaining the process, answering common questions, and correcting some misconceptions.

What is the mediation process?

The mediation process is a settlement, in the form of a conference, which is guided and supervised by a mediator—an attorney—who has either been chosen by the parties or appointed by a judge. It typically takes place at the mediator’s office or the office of one of the attorneys.

How much does a mediator cost?

Fees usually run between $500 to upwards of $1,200 per side. The cost depends on the length of the mediation. In many cases, it can be done in half of a day, while some take a day or longer. Each party typically pays for half of the mediation fee.  In addition, each attorney will bill their client for their time in the mediation process. Sound expensive?  It is, but keep in mind that trial and continued litigation will almost certainly be much more expensive. Mediation is a chance to wrap up your case and also put an end to legal expenses.

Common misconceptions

Mediation is not confrontational. Each party is in a separate room with their attorneys while the mediator goes between the rooms. This allows the parties to avoid talking directly, unless both parties agree to speak directly. Mediating is also not a means of forcing settlement. You are not required to settle!  That said, most parties do settle in mediation. Why? Because mediation works, even if you have no faith in it whatsoever!

Why is mediation effective?

Mediation undoubtedly works. In my experience, mediation leads to settlement about 90% of the time. Attorneys know this and encourage their clients to mediate with an open mind. In fact, when a client is uncooperative and unreasonable during settlement, attorneys can become quite annoyed. This is because lawyers know better than anyone how a trial consists of rolling the dice. Trial practice is (or should be) a branch of chaos theory, in other words, no outcome is ever assured in the legal system. No matter how determined the client or how capable the attorney, there are never any guarantees in a trial.

Mediation promotes predictability and certainty, but this requires compromise. You do not “win” your case. In fact, a good mediation is by definition one in which both sides leave unhappy. Often, clients find this difficult to accept. However, you must remember, the “legal world” is not the same as the “real world.” Clients who rebel against the process and insist on total victory based on principle often lose in the end.

By communicating this way, you can get a better picture of the costs and benefits of going to trial versus settling.  A mediator can analyze your case from an impartial perspective – similar to a judge. They will tell you what “bad things” could happen at trial, and why your position may not be as strong as you had hoped. ^[1]

Benefits of Mediation

Mediating is much more time and cost effective. Compared to a standard trial which can take several months to years, a mediated case is usually resolved in a matter of hours. In turn, less time spent adds up to major savings for both parties. Privacy is another benefit. Unlike public court hearings, mediation takes place behind closed doors with strict confidentially rules. In a courtroom trial control lies with the jury or judge. However, mediation gives full control to the parties. Though both sides must choose to compromise, this process greatly increases the chance for a mutually agreeable resolution.

What is the Attorney’s role in mediation?

The attorney’s role is relatively simple. I will keep an open mind to settlement, just as I expect you to.  I will provide a summary of the case to the mediator before mediation that explains your positions. At mediation, I will not force you to settle, but I will attempt to get the best deal if you are willing to seek it. I will be present to explain the opposing party’s settlement offers and craft a settlement offer that you are satisfied with.

Do you think your case could benefit from mediation? TLC Law, PLLC, is here to help! Give us a call today at 903-871-1714

[1] Source: David J. Willis: https://www.lonestarlandlaw.com/Mediation.html.

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3 False Beliefs of Criminal Defendants [Infographic]

Many of those who have been charged with a crime may be unknowingly giving up their rights due to some very common misconceptions. Learn about 3 of the most commonly held beliefs that are actually not true when it comes to criminal defense.

1) I should consent to a search of my car or home, because they can do so without my consent anyway

FALSE: Not necessarily. Police officers have strict constitutional restrictions when it comes to searching people or their property. They are also restricted on detaining you when they lack evidence of a crime. Your consent relieves them of these restrictions.

General rule of thumb: If they are asking and not telling, you can, and often should, say no

2) They can’t convict me, because I wasn’t read my miranda rights

FALSE: Officers generally know when they must read miranda rights, and they don’t have to until you are essentially in custody. Determining when you are in custody can be up for debate and depend on the circumstances. Even if they should have read your rights, this at most only leads to the suppression of your ensuing statements. Dismissal doesn’t necessarily follow.

3) I can’t prove I’m innocent, so I should plea out

FALSE: The government has the burden of proof, meaning they must prove you did it beyond

a reasonable doubt. You don’t have to prove your innocence

Full infographic:

View as slides:

3 False Beliefs of Criminal Defendants from TLC Law, PLLC

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This article was originally posted at https://www.tlclawyers.com/criminal-defense/3-false-beliefs-of-criminal-defendants/

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TLC Law, PLLC, 609 S Fannin Ave, Tyler, TX 75701

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