Immigrants and non-traditional families often face legal challenges that bring them before the family court in unexpected ways. When your circumstances require you to make creative use of the family court's authority to enter adoptions, guardianships, or name-change orders, you need an attorney who knows the process and can help you get the relief you need to protect your family.
Uniting Families Through Adoption
Blood ties don't always define a family. When a child's caregivers are not their parents, the family court has the authority to grant those caregivers legal authority to make decisions for the child's care and support. Depending on the circumstances, and the relationship between caregiver and child, a family court attorney can help unite your family through adoption or guardianship proceedings.
Under Texas law, almost any adult can adopt a child. The process depends on the relationships between the child and his or her birth parents, and the intended adoptive parent. Current and former stepparents are most readily able to adopt children in their household or custodial control. For relatives, foster parents, and unrelated petitioners, the process becomes more complicated. One or both of the child's birth parents' rights must be terminated before the adoption can occur. If the parent does not consent to the adoption, Attorney Ana Maria Villegas, family court and adoption attorney, can help you prove why your home and family are best able to care for the child.
Guardianships Provide Court Oversight and Flexibility
Adoptions are forever, but sometimes your family situation requires more flexibility. When immigration concerns, financial challenges, substance abuse issues, or other challenges leave birth parents temporarily or indefinitely unable to care for their children, a guardianship may be a better option. A guardian is a person appointed by the family court to care for a minor or "incapacitated person", called the ward. A "guardian of the person" has authority to take care of the ward's well-being; a "guardian of the estate" manages the ward's finances. Often they are both the same person.
Legal guardians are required to file regular reports with the court about decisions made on the ward's behalf. It can be a time-consuming and expensive process. The advantage to a guardianship is that the parents' rights do not have to be terminated. When a child's birth parent regains the ability to care for the child, including meeting the criteria laid out by the court, the guardianship can be terminated and the parents can resume their custodial role.
The process to be appointed a guardian is very complicated, and many family court judges will not hear these cases unless you have an attorney representing you. Family court attorney Ana Maria Villegas can meet with you, review your options, and help you make the best choice for your family and your circumstances.
Name Changes for Immigrants and Residents
Sometimes having a particular name causes problems. Immigrants and the children of immigrants in particular often choose to change their names to correct or clarify spellings, adopt names easier for others to pronounce, or even avoid discrimination based on their race or national origin. Other times, name changes are simply a matter preference or breaking with undesirable memories.
Name changes are relatively common in connection with a marriage, adoption, or divorce. In those cases, the valid marriage certificate, adoption order, or change of name certificate can get the job done. In other cases, you will need to file a petition for name change with the family court. Getting the name change order is only the first step, however. Once that is done, petitioners will need to:
Attorney Villegas can help walk you through all the steps and clear the way to use your new name.
Correcting Texas Birth Certificates for U.S. Citizens
Amending a Texas birth certificate is part of the process for adoptions and some name changes. However, sometimes it is an issue all on its own. U.S. citizens with families in two countries often face challenges clarifying who their parents are. When someone is born in the U.S. but registered in another country, such as Mexico, that child may be registered as his or her grandparents' child to get access to health benefits. When it comes time to get a passport, the existence of that Mexican birth certificate can stand between the child and legal international travel.
In other cases, U.S. citizens born at home, using a midwife, or in another country, can face problems obtaining a correct birth certificate. When the medical providers involved are unfamiliar with Texas laws and procedures, the Texas Department of State Health Services (which is responsible for maintaining vital records) may not have the information necessary to issue a certified copy of that child's birth certificate. Without this crucial document, citizens may be ineligible for a passport or unable to prove their identity to obtain a marriage license or other important documents.
Attorney Ana Maria Villegas knows how to work with the state offices and family courts to correct the problems caused by inaccurate birth certificates. She can help you amend your Texas birth certificate to change spellings, correct parents, and add a father or second parent.
Contact Family Court Attorney Ana Maria Villegas Today
Modern families take many forms. Immigrants, non-traditional families, and those in unusual circumstances need an experienced family court attorney to help them take advantage of all the options the court has to offer. Attorney Ana Maria Villegas provides family court assistance in Cameron, Willacy and Hidalgo Counties. Contact the Villegas Law Office, PLLC, in Harlingen, Texas today to schedule a consultation and understand your options.
Harlingen, TX Adoptions, Name Changes, Guardianships, Birth Certificates
Harlingen, Texas family court attorney Ana Maria Villegas works with immigrants and residents on adoption, guardianship, name change, and birth certificate issues
Immigrants and non-traditional families often face legal challenges that bring them before the family court in unexpected ways. When your circumstances require you to make creative use of the family court's authority to enter adoptions, guardianships, or name-change orders, you need an attorney who knows the process and can help you get the relief you need to protect your family.
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