Sometimes the court may use a SAPCR to give Conservatorship (custody) of a child to someone who is not the child’s biological parent. 

Conservatorship can include a variety of different child-raising rights similar to the rights that a biological parent generally has when the child is born.

However, conservator rights are different from parental rights because they only include the rights that a judge lists in the court order. Because of this, adopted children have greater, automatic inheritance rights than children who have simply been raised by a legal conservator.

Through adoption, a child becomes the legal child of the adoptive parents for all purposes including inheritance. This means that if the adoptive parent dies without a will, then the adopted child would generally automatically inherit the same as any natural born children. This also means that any inheritance that other people leave to the adoptive parents’ “children” would automatically include the adoptive child. This is not the case in a conservator-child relationship which requires a will to transfer property to the child after death.

Generally, an adult is able to ask the court to adopt a child who may be adopted. Whether or not a child may be able to be adopted depends on the circumstances of the case. Below are just a few common instances in which a child may be adopted.

Both parents have or will have their biological rights terminated: In Texas, a child can be adopted if each living parent of the child has had their rights terminated OR a suit to terminate their biological rights is filed with the Adoption lawsuit. Termination of parental rights may happen either voluntarily or involuntarily and is discussed more thoroughly in the “termination” section of this document.

     Stepparent Adoption: Stepparents can ask to adopt children without terminating the rights of both biological parents. In stepparent adoptions, a biological parent may keep his/her parental rights if he/she is married to the stepparent seeking adoption. In this situation, the parental rights of the other parent must still be terminated to make room for the adoptive parent. See more here on stepparent adoption. Families who want to share parenting responsibilities between both biological parents and stepparents might consider filing a SAPCR instead of an adoption.

     Parental Consent: A child can be adopted by an adult, if the child is at least two years old and one parent has had his or her rights terminated, and the remaining, non-terminated parent consents to adoption by either: The child’s former stepparent,  managing conservator, or person who has had actual care, possession, and control of the child for at least 6 months before filing for adoption

     No Parental Consent: Without parental consent, a child may be adopted by an adult, if the child is at least two years old and one parent has had his or her rights terminated, the person seeking the adoption is the child’s former stepparent AND has been a managing conservator or has had actual care, possession, and control of the child for a period of on year before filing for adoption

You will need to discuss with an attorney what the best course of action will be. Please see the "contact" page on how to schedule a consultation.

In order to get a court order for child support, custody, or visitation, you will need to file a Suit Affecting the Parent-Child Relationship, or SAPCR ("sap sir"). If you would like to change an existing SAPCR, you will need to file for a Modification.

Sometimes the court may use a SAPCR to give Conservatorship (custody) of a child to someone who is not the child’s biological parent. Conservatorship can include a variety of different child-raising rights similar to the rights that a biological parent generally has when the child is born. However, conservator rights are different from parental rights because they only include the rights that a judge lists in the court order. Because of this, adopted children have greater, automatic inheritance rights than children who have simply been raised by a legal conservator.

Through adoption, a child becomes the legal child of the adoptive parents for all purposes including inheritance. This means that if the adoptive parent dies without a will, then the adopted child would generally automatically inherit the same as any natural born children. This also means that any inheritance that other people leave to the adoptive parents’ “children” would automatically include the adoptive child. This is not the case in a conservator-child relationship which requires a will to transfer property to the child after death.

You will need to discuss with an attorney what the best course of action will be. Please see the "contact" page on how to schedule a consultation.

A divorce is how you legally end a marriage. In a divorce, the court formalizes who has custody of children, pays support, controls property, and is responsible for debts.

An agreed divorce is where both parties come to a mutual agreement about how their assets are distributed, who gets custody of the children, etc. An agreed divorce is usually the least expensive and less time consuming.

If both parties cannot come to an agreement on their own or through their attorneys, it’s possible that the case may need to go through mediation (which can be quite expensive). Mediation involves a neutral person, the mediator, who guides parties through communication to promote compromise, settlement, or understanding. A mediator may not place their own views or decisions on the issue at hand. Instead, it is up to the mediator to help you and the other party to come to an agreement. A mediator may not tell the other side what you have discussed with them and must keep your conversations confidential unless you agree otherwise.

An annulment is a type of lawsuit where a judge determines that a marriage is invalid due to reasons that existed at the start of the marriage. Legally, if a judge grants an annulment, the marriage is found to have never existed and it will be as though the marriage never happened. The spouses will no longer be married once an annulment has been granted.

An annulment suit focuses on reasons why there may not be a valid marriage from the start. However, it is possible that even if one of these reasons exist, the spouses may still be able to continue in a valid marriage relationship.

In Texas, there are several grounds under which a person can file for annulment:

• A spouse of the marriage was under the age of 18;
• A spouse was under the influence of alcohol or narcotics;
• Either spouse is permanently impotent;
• A spouse was convinced to marry the other spouse by fraud, duress, or force;
• A spouse lacked the mental capacity to enter into the marriage;
• A spouse concealed a prior divorce; or
• The spouses were married within 72 hours of the marriage license being issued.

Like an annulment, a Suit to Declare a Marriage Void focuses on reasons why there may not be a valid marriage at the start of the marriage. 

Unlike an annulment, a void marriage is automatically not a valid marriage from the start, the spouses cannot agree to the marriage being valid, and the marriage will never be a valid marriage. The Texas Family Code lists specific grounds for void marriages, including a new marriage when an earlier marriage has not ended, and marriage between certain relatives.

You will need to discuss with an attorney what the best course of action will be. Please see the "contact" page on how to schedule a consultation.

You will need to discuss with an attorney what the best course of action will be. Please see the "contact" page on how to schedule a consultation.

Termination of parental rights is the legal process where the court ends the parent-child relationship between a child and one or both of the child’s parents. This means that the parent whose rights are terminated will have zero legal rights to the child.

Parental rights can only be terminated by court order.

A parent can sign an “affidavit of voluntary relinquishment” of parental rights if the parent agrees that a court should terminate his or her parental rights to a child. A parent can also sign an “affidavit of waiver of interest” in the child if the parent agrees to give up any interest he has in the child (or unborn child).

However, even with a signed voluntary relinquishment or waiver of interest, parental rights are not terminated until a judge signs a court order terminating those rights. A voluntary relinquishment or waiver of interest is not enough to terminate parental rights.

While courts have broad discretion in determining what is in the child’s “best interest,” courts look at the following factors from the Texas Supreme Court case, Holley v. Adams, as a guide in termination of parental rights cases:

• the desires of the child;
• the emotional and physical needs of the child now and in the future;
• the emotional and physical danger to the child now and in the future;
• the parental abilities of the individual seeking custody;
• the programs available to assist the individuals to promote the best interest of the child;
• the plans for the child made by the individual seeking custody or the agency;
• the stability of the home or proposed placement;
• the acts or omissions of the parent that indicate that the existing parent-child relationship is not a proper one; and
• any excuse for the parent’s acts or omissions.

Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976). 

A trial also considers evidence of the grounds for termination in its best interest finding.

If there has been violence or you feel that you or the children are not safe, get help right away by calling one of the organizations listed below. You may be able to get free legal help.

• National Domestic Violence 24-Hour Hotline, 800-799-SAFE (7233);
• Crime Victims, 888-343-4414; or
• Family Violence Legal Line, 800-374-4673.

For situations involving sexual assault, you can also call:

• Legal Aid for Survivors of Sexual Assault, 844-303-7233.

In an emergency, call 911.

You will need to discuss with an attorney what the best course of action will be. Please see the "contact" page on how to schedule a consultation.

* All information provided above concerning termination of parental rights can be found at texaslawhelp.org.