During the last 37 years of general practice in a number of civil areas, I have had the opportunity to observe repetitive mistakes and decisions made by clients in regard to whether or not preventive legal care is cost-worthy.

Most prudent people do not think twice about having their teeth cleaned, becoming vaccinated for the flu or other childhood illnesses, going to their doctor if they are dizzy, having speech problems or other symptoms of stroke diagnosed or changing the oil in their automobile.

The average person clearly acknowledges the flu shot is definitely preferable to two weeks in bed.  Basic dental hygiene trumps a root canal every time.  A blood thinner medication is far preferable to paralysis or brain damage, and early detection of cancer or other invasive diseases, may significantly improve prognosis for recovery.

On the other hand, when it comes to the ordinary individual’s legal needs, I have noted throughout the years and continue to note a juvenile and somewhat cavalier attitude.  The result is denial and refusal to consider relatively small fees required to bring preventive legal care into play.

Depending on the size and nature of a man, woman or a couple’s estate, probate planning in the form of wills, durable powers of attorney, medical directives, medical authorizations, medical powers of attorney, testamentary and/or intervivos (living) trusts can avoid future attorney’s fees from 50 to 100 times the amount required for preventive care.  Probate and/or litigation without a will in a large estate, disability, dementia, Alzheimer disease or other medical issues requiring guardianship and/or extraordinary legal procedures vastly exceed the basic costs of preventive care.  The cost of fixing the legal problem after the event is extraordinary versus the simple matter of preventive legal care in the first place.  Fees ranging from $500 to $5,000, depending on the complexity of the estate or matter, at first blush might appear large but may frequently be increased by 2 to 3 zeros in complicated, complex litigation that can last for years.

Marital prenuptial agreements are emotionally delicate, but may be a useful and significant tool to provide creditor protection throughout a marriage and reduce the cost of dissolving a marriage, an unfortunate circumstance, by thousands and thousands of dollars.

A properly prepared and executed contract for the purchase and sale of land or for the purchase and sale of a business when accomplished before the transaction is essential in fixing the rights of the parties, establishing enforceability of their promises and the cost necessary to force compliance with those promises.  Time after time, I find a client who comes into my office and looks at me with dog eyes and says, “Can you help me in this business transaction?  I’ve already signed the contract.”  My response, of course, is “Yes, it is my pleasure.  But, it is going to be far more expensive now than if you had simply prophylactically entered into an enforceable agreement prior to the conduct you allege is fraudulent or the subject of a breach at this time.”

The examples above may be extended into almost every area of the law.  Why in the world would anyone want to market an invention, a well known mark of their business or trade, a manuscript or other written document without first having protected those items through trademarks, patents, copyrights or, at the very least, non-disclosure agreements?  A common complaint echoed throughout the years has been the significant cost of the judicial system and the financial burden of enforcing ones right in the courts of law of the state or federal government.  With a bit of foresight and ingenuity and the help of an ethical, competent attorney, and the willingness to spend a smaller sum of money, many of the problems, disappointments and disenfranchisement’s with the judicial system may be bypassed altogether.

In closing, I am reminded of the classical advertisement by Mr. Goodwrench.  “Pay me now or pay me later.”  Preventative maintenance of the most important legal aspects of your life are as important as preventive maintenance of your car.  Have you priced a new engine versus a can of oil lately?

Supervised visitation takes place between the non-custodial parent and his or her child(ren) in the presence of a third party who observes the visit to ensure the child’s physical and emotional safety.  Though sometimes reasonably and successfully ordered, visits voluntarily supervised by friends and family in their homes can be fraught with danger for the child and parent, as well as the monitor, especially in cases of domestic violence.  Family members may trust the parent whose visits are being supervised and therefore may not take proper or sufficient measures to assure the child(ren) are watched or monitored at all times during the visit. 

Consequently, when supervision is indicated, possession/visitation supervised by a neutral third party with the capacity to enforce effective safety measures is normally ordered and enforced by the courts.  The expenses of such supervision are often excessive and may in themselves create a detriment to possession by a parent.  Such agencies may also provide reports and recommendations to the court based on the success or failure of the supervised visits.  Such recommendations assist the courts in making informed decisions regarding supervision and whether continued supervision in the best interest of the child(ren).

If supervised visitation is requested, some type of compelling reason and evidence, based on the circumstances surrounding the child(ren) must normally be established.  Such evidence may include denial of access, drug addiction, mental or physical abuse, neglect, or severe mental illness of a parent.  The following is a potential list of acts and/or circumstances that may be considered contrary to a child’s best interest.

• Violence or physical endangerment – A noncustodial parent may be denied visitation rights if the parent has abused the child or threatened physical violence.
• Emotional harm – Where sufficient proof is offered of potential emotional harm or that standard visitation has detrimentally affected a child’s welfare, supervised visitation may be ordered.
• Child’s wishes – A court may consider the child’s wishes as to visitation.  The weight given to a child’s preference is dependent on the child’s age, emotional stability, maturity and motives.
• Abduction – There must be a showing that there is a strong imminent probability of abduction to limit visitation on this basis.
• Substance abuse – A parent who abuses drugs or alcohol may be ordered to supervised visitation restrictions if the conduct endangers the child or if the parent uses abusive language and/or mistreats the child.
• Mental illness –Mental incapacity may be a reason for supervised visitation only if it is determined by the court that there is a reasonable potential for harm to the child due to such mental illness.
• Sexual behavior – Courts rarely deny visitation solely on the basis of a non-marital heterosexual relationship.  Courts will, however, cancel overnight visitation by a child with a parent because of the parent’s cohabitation on a showing of an adverse and material negative impact on the child.
• Incarceration – Visitations due to incarceration may be suspended only on a showing that such visits are detrimental to the child.

To have more of your questions answered on supervised visitation in Texas, or for answers to any other Texas child custody concerns you may have, call  Dallas Divorce attorney Mark Nacol of the Nacol Law Firm P.C.

Both federal and state wiretapping laws apply to divorcing spouses.  A spouse may sue the other spouse or their agents for invasion of privacy.  Federal law regulates electronic surveillance of conversations and access to emails, faxes and voicemail.  The law imposes civil and criminal sanctions for intentional interceptions of electronic communications.  However, accessing email after it has been transmitted, i.e. downloading a text from your telephone or email from the hard drive of a family computer, is not an offense under the Federal Act.  Texas has laws that also prohibit the interception of communications.  Under such laws, counsel may also be held liable if they disclose information received from the intercepted communications provided by their clients.

Federal and Texas laws both allow recording of telephone calls and other electronic communications with the consent of at least one party to the communication.  Under the one-party consent statutes, a spouse may record conversations in which he or she is participating.  This has been extended to include parental recording of a child’s conversations with a third party, including the other parent.  The parent can consent to the recording on behalf of the child so long as the parent has a good faith objective and a reasonable belief that it is in the best interest of the child, even if the child is unaware of the recording.

It is important that a spouse take great care in their means and methods of gathering information.  Information obtained by illegal means can expose one, even if he or she is a spouse, to civil liabilities and possible criminal prosecution.  Texas recognizes that every person has a certain right to privacy.  Such right is violated if a person intentionally intrudes upon the private affairs of another by offensive means.  Accessing stored email or secretly recording a spouse can be a violation of a spouse’s right to privacy.  If a suit is filed, the damaged spouse may recover monetary damages, including punitive damages.

For answers to your questions on gathering information for your Texas Divorce, contact Dallas Divorce attorney Mark Nacol with the Nacol Law Firm, P.C.

Anyone can form a corporation in Texas.  A corporation can form another corporation.  Once the corporation is formed, the entity formed is responsible for all actions done in the corporate name.  The new entity is required to file state and federal taxes and acquire any licenses to do business in the name of the corporation.  The corporation can purchase insurance, own real estate and cars and other assets or personal property as if were a natural person.  It is responsible for actions both good and bad done in its name.  If a corporation fails, shareholders normally only stand to lose their investment, and employees will lose their jobs, but neither will be further liable for debts that remain owing to the corporation’s creditors.

Corporations can exercise human rights against real individuals and the state, and they may be responsible for human rights violations.  There are five core characteristics of a business corporation:

•Legal personality
•Limited liability
•Transferable shares
•Centralized management under a board structure
•Shared ownership by contributors of capital

Generally, the corporation files articles of incorporation with the government, laying out the general nature of the corporation, the amount of stock it is authorized to issue, and the names and addresses of directors.  Once the articles are approved, the corporation’s directors meet to create bylaws that govern the internal functions of the corporation, such as meeting the procedures and officer positions. 

•Some of the advantages of a corporation are as follows:

•Shareholders have limited liability for the corporation’s debts or judgments against the corporation.

•Generally, shareholders can only be held accountable for their investment in stock of the company.

•A Texas corporation may deduct the cost of benefits it provides to officers and employees. 

•A corporation pays 15% federal income tax on taxable income up to $50,000; 25% tax on income from $50,001 - $75,000; 34% tax on income from $57,001 - $100,000; 39% tax on income from $100,001 - $335,000; and 34$ tax on income over $335,001

There are some disadvantages to a corporation.  The process of incorporating a business in Texas may require more time and money than other forms of organizations and the corporation may be monitored by federal, state and some local agencies and as a result require have more paperwork to properly comply with regulations.  Incorporating may also result in higher overall taxes in some circumstances. 

For answers to your questions on forming a business corporation in Texas, contact Dallas business attorney Mark Nacol with the Nacol Law Firm, P.C.

The changes to the 2009 tax code are as follows:

1. The custodial parent, for 2009 & forward, is the one with whom the child resides the greater number of nights during the year, regardless of the divorce decree terms.

2. You must obtain IRS Form 8332 (Release of Claim to Exemption for Child of Divorce or Divorced Parents) to claim the exemption if you are the non-custodial parent. The divorce agreement or court order will not be used to substitute for IRS Form 8332.

3. The custodial parent can unilaterally revoke the release of a child exemption for calendar years 2009 & forward, even if the release was made prior to 2009.

The parent claiming a dependency exemption on the child/children is the only parent eligible for the following tax benefits:

• Dependent Exemption Deduction
• Child Tax Credit
• Child and Dependent Care Credit
• Education Credit or Education Expense Deductions
• Earned Income Credit
• Head of Household Filing Status

With all the new changes, all non-custodial parents who plan to take a dependency exemption should obtain IRS Form 8332 for 2009 & forward tax years. A divorce agreement or court order cannot be substituted!

In any future settlement agreements that include a provision for a non- custodial parent to take a dependency deduction for one or more children in one or more future tax years, have the custodial parent complete IRS Form 8332 when executing the settlement agreement. Sometimes it is very difficult to get ex-spouses to sign off on papers at a later date!

The formal view of contract interpretation ignores what the contracting parties thought the bargain to be and instead asks what a reasonable third party would interpret the words of the contract to mean. This approach is reflected in the following quotation from Federal District Judge Learned Hand:

A contract has, strictly speaking, nothing to do with the personal or individual intent of the parties. A contract is an obligation attached by the mere force of law to certain act of the parties, usually words, which ordinarily accompany and represent a known intent.

A contract requires a meeting of the minds. A determination of whether there was a meeting of the minds is based on objective standards of what the parties said and did, not on their alleged subjective states of mind. In re Hudgins, 188 BR. 938, 942 (E.D. Tex. Bankr. 1995), cited in Spectrum Creations L.P. v. Carolyn Kinder Int’l LLC, 2008 WL 416246, *45 (W.D. Tex. 2008).

An integrated agreement may be either fully integrated or only partially integrated. A fully integrated contracted is a final and complete expression of all terms agreed upon between or among the parties. A partially integrated contract is a final and complete expression of the terms regarding an agreement, but not a final and complete expression of all terms agreed upon between the parties. Some of the terms agreed upon are not contained in the written agreement.

Under the Parole Evidence Rule, if the parties have integrated their agreement into a single written contract, all prior negotiations and agreements with regard to the same subject matter are excluded from consideration, whether written or oral. Parole evidence is admissible to supplement or explain a partially integrated contract, but is not admissible to contradict it.

The primary duty of a court when considering the validity of a contract is to ascertain the intent of the parties from the contract as a whole, known as the “four corners rule,” not from isolated parts of the contract. This rule requires the court to look at the words of the contract, not prior drafts or exchanges of letters or other documents or testimony to determine the intent of the parties. To achieve this goal, the court must examine the entire document and consider each part with every other part so that the effect and meaning of one part on any other part may be determined. No one phrase, sentence or section of a contract should be isolated and considered apart from the other provisions.

Terms of a contract are given their plain, ordinary and general meaning unless the instrument shows that the parties used them in a technical or different sense. Words should be taken in their immediate context.

The expression of one thing is the exclusion of another. This is used to control, limit or restrain the otherwise implied effect of an instrument, and not to annex incidents to written contracts in matters with respect to which they are silent.

When words of a general nature are used in connection with the designation of particular objects or classes of persons or things, the meaning of the general words will be restricted to the particular designation. In some cases a list of consistent terms will include an overly-broad term that seems to reach beyond the scope of the other things listed. Ejusdem generis will limit an overly-broad term to be consistent with the list. However, the doctrine is not limited to lists. It can also apply to sentences in a paragraph.

When a contract is unambiguous, the court should apply the pertinent rules of construction, apply the plain meaning of the contract language, and enforce the contract as written.

It is a generally accepted rule of contracts that where several contracts are executed contemporaneously or at different times and pertain to the same transaction, they will be read together although they do not expressly refer to each other.

There are other general rules such as: Specific terms will prevail over general terms. Earlier terms will prevail over later terms, except in the instance of a Will. Handwritten terms will prevail over typed terms and typed terms will prevail over preprinted terms. Words prevail over number or symbols. Courts are required to follow elemental rules of grammar for a reasonable application of the legal rules of construction.

It is also a rule universally recognized that if an instrument admits of two constructions, one of which would make it valid and the other invalid, the former must prevail.

There is a presumption against illegality. When a contract by its terms, construed as a whole, is doubtful, or even susceptible of more than one reasonable construction, a court will adopt the construction which comports with legality. It is presumed that in constructing contracts the parties intend to observe and obey the law.

Finally, when agreements between parties are reduced to writing, the written instrument is presumed to embody their entire agreement, and the court should not read into the instrument additional provisions unless this is necessary to effectuate the intention of the parties as disclosed by the contract as a whole. Danciger Oil & Ref. Co. v. Powell, 154 S.W.2d 632, 635 (Tex. 1941).

Do you need a business contract reviewed by a Dallas attorney? Contact Dallas business contract attorney Mark Nacol today!

There are degrees of severity and levels of functioning with all mental disorders, and in the context of a contested custody case an extreme position can be easier for an attorney to handle. The fact finder is evaluating each parent’s ability to meet the child’s needs and the parties’ particular parenting abilities. A psychiatric diagnosis is not in and of itself a measuring tool. The specific acts of each parent must be examined in detail.

One important factor to consider is a request for psychological testing or the appointment of a counselor or psychiatrist to evaluate the parties. If the party with the mental illness has not admitted they have an illness, the results of court-ordered evaluations may force the issue and may also provide additional evidence to support a modification of temporary orders.

Counsel may want to recommend to the court that the child attend therapy. You may suggest the use of the therapist, psychiatrist, or psychologist of the person with the mental disorder for recommendations to the court of the parent’s visitation with the child.

Counsel may also want to consider a temporary injunction in addition to the standard temporary injunction for the preservation of property and protection of the parties and the children. Some issues to consider are preventing the use of alcohol within 24 hours of possession of the children; preventing the mentally ill party from operating a motor vehicle while taking medications, and preventing the parties from making disparaging remarks regarding the other party.

It is important that counsel identify and define the particular drugs the mentally ill patient is taking. Counsel should request a HIPPA Release (specifically related to mental health disclosures) allowing access to medical and prescription drug records of the mentally ill party. Research should then be performed as to the effects of each drug on the mentally ill person.

It may be necessary to have an Amicus Attorney appointed to represent the interests of the children. The Amicus Attorney has a powerful role in the contested custody case and can assist in gaining information on the mentally ill party. All parties should cooperate fully with the Amicus Attorney for the best interest of the children. It is important to make yourself available to the Amicus Attorney and to be pro-active in setting up appointments. It is important that counsel instruct you as to what to say and what not to say to the Amicus Attorney. It is also critical that counsel respond to any discovery propounded by an Amicus Attorney timely.

Be sure to educate yourself about the particular mental disorder you are dealing with. Make sure your experts have experience in handling the particular mental disorder in questions. Counsel should use the testimony of experts to offer aid and/or educate the judge and/or jury so they have a clear understanding of the mental illness and its foreseeable consequences to the spouse and/or family members.

The Supreme Court of Texas has noted that every contract includes an element of confidence and trust that the parties will faithfully perform their obligations.  There is no duty of good faith and fair dealing unless the duty is created by express language in the contract or a special relationship of trust and confidence exists between the parties to the contract.

In Texas, the requirements for a valid written contract are: 

1) an offer;
2) an acceptance in strict compliance with the terms of the offer;
3) a meeting of the minds (which is actually a subpart of the accepted elements, not an independent element;
4) each party’s consent to the terms;
5) consideration; and
6) execution and delivery of the contract with the intent that it be mutual and binding.

A basic element of the contract is the promise, which may be an express or implied promise made by one party for the purpose of assuring another person that a particular action or restraint from a particular action will occur.  This is objectively determinable from the parties’ words or actions and not from either party’s subjective intentions. 

Contracts may be unilateral or bilateral.  A unilateral contract has only one promisor; the promisee makes no commitment.  Mutuality of obligation is not essential for a unilateral contract to be formed.  A unilateral contract is completed by the promisee’s performance of the act or acts called for by the promisor, not by the promisee’s making of any reciprocal promises.  The promisor becomes bound to provide the promised benefit when the promisee delivers the bargained-for performance.  There is no binding unilateral contract unless the promisee performs, or at least partly performs the acts requested by the promisor.  Until such time, the promisor may revoke its offer.  An option agreement is a common unilateral contract.  An option agreement is a promise, or offer, by the optionor that the optionee may accept or reject.  Until the option is exercised in accordance with the offer, the contract remains unilateral.  The contract becomes binding when the option is properly exercised.

A bilateral contract is one in which there are mutual and/or bilateral promises made between the parties.  If the parties have entered into a bilateral contract in which their promises are the only consideration for the agreement, their obligations must be mutual and binding for the contract to be valid.  A common example of a bilateral contract is one in which one party promises to deliver goods to the other, and the other party promises to pay the specified purchase price.

There must be an offer, an acceptance and consideration for a contract to be recognized and enforceable. To prove a valid offer a party must show
1) the offeror intended to make an offer,
2) the terms of the offer were clear and definite, and
3) the offeror communicated the essential terms of the offer to the offeree. 

The offer may dictate the manner, time and place of acceptance of the offer.  Under such circumstances, an offer not accepted in a timely or proper manner lapses.  When an offeree rejects an offer, the offer is terminated.

An acceptance must be identical to the offer or there is no binding contract.  Generally, an acceptance must not change or qualify the terms of the offer or the offer is rejected.  When an offer prescribes the manner of acceptance, its terms must be followed in such manner of acceptance in order to create a contract.  If an offeree fails to accept in the prescribed manner and attempts to accept in some other manner, a contract is formed only if the offeror waives strict compliance with provisions concerning the manner of acceptance. 

An oral offer may be accepted by execution of a written instrument that embodies the terms of the agreement.

Further, a written offer may, in some circumstances, be accepted orally.  Acceptance may also be shown by conduct. 

An acceptance is valid only if made before an offer is revoked or lapsed.  An acceptance takes effect and creates a contract when it is communicated to the offeror.  Acceptance is not effective when some abstract conduct other than communication to the offeror occurs.  The accepting party may change his or her mind until the act of acceptance is actually communicated to the offeror. 

Although an acceptance is effective only when communicated to the offeror, when an offer may be validly accepted by mail, the “mailbox” rule provides that the communication has been made and the contract is binding when the offeree deposits a properly addressed letter of acceptance in the mail, regardless of whether it is actually received by the offerror. 

Mutual assent is often described as a “meeting of the minds.”  Evidence of mutual assent in written contracts generally consists of the parties’ signing the contract and delivery of the contract with the intent to bind.  To determine whether a meeting of the minds existed, a court reviews what the parties actually said and did.  The parties’ failure to agree on a material term precludes a meeting of the minds necessary for a valid contract. 

In some cases, what appears to be a valid offer and acceptance results in only a voidable contract because one party’s consent was, in fact, procured by fraud, undue influence, duress, or mistake. 

Under Texas law, a party must protect personal interests by reading a contract before signing it.  Absent fraud, the person is not excused from the consequences of failing to meet this obligation.  If a person signs a contract without knowledge of its contents, they are presumed to have consented to the terms of the contract.  Claims of belief that provisions differed from those plainly set out in the written contract are not generally admissible.

Do you need a business contract or an employment contract reviewed by an attorney? Contact Dallas business contract attorney Mark Nacol today!

(1)  the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;
(2)  the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
(3)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child’s former stepparent, and the nonterminated parent consents to the adoption; or
(4)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and 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 one year preceding the adoption.

(c)  If an affidavit of relinquishment of parental rights contains a consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.

Prerequisite to Filing Petition for Adoption
Texas Family Code Sec. 162.002 states:
(a)  If a petitioner is married, both spouses must join in the petition for adoption.

(b)  A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include:

(1)  a verified allegation that there has been compliance with Subchapter B ; or
(2)  if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance.

Pre-adoptive and Post-placement Social Studies
In a suit for adoption, pre-adoptive and post-placement social studies  must be conducted as provided in Chapter 107 of the Texas Family Code.

Preferential Setting
The court shall grant a motion for a preferential setting for a final hearing on an adoption and shall give precedence to that hearing over all other civil cases not given preference by other law if the social study has been filed and the criminal history for the person seeking to adopt the child has been obtained.
Preparation of Health, Social, Educational, and Genetic History Report 

(a)  This section does not apply to an adoption by the child’s:

(1)  grandparent;
(2)  aunt or uncle by birth, marriage, or prior adoption; or
(3)  stepparent.

(b)  Before placing a child for adoption, the Department of Protective and Regulatory Services, a licensed child-placing agency, or the child’s parent or guardian shall compile a report on the available health, social, educational, and genetic history of the child to be adopted.

(c)  The report shall include a history of physical, sexual, or emotional abuse suffered by the child, if any.

(d)  If the child has been placed for adoption by a person or entity other than the department, a licensed child-placing agency, or the child’s parent or guardian, it is the duty of the person or entity who places the child for adoption to prepare the report.

(e)  The person or entity who places the child for adoption shall provide the prospective adoptive parents a copy of the report as early as practicable before the first meeting of the adoptive parents with the child. The copy of the report shall be edited to protect the identity of birth parents and their families.

(f)  The department, licensed child-placing agency, parent, guardian, person, or entity who prepares and files the original report is required to furnish supplemental medical, psychological, and psychiatric information to the adoptive parents if that information becomes available and to file the supplemental information where the original report is filed. The supplemental information shall be retained for as long as the original report is required to be retained.

Contents of Health, Social, Educational, and Genetic History Report
(a)  The health history of the child must include information about:

(1)  the child’s health status at the time of placement;
(2)  the child’s birth, neonatal, and other medical, psychological, psychiatric, and dental history information;
(3)  a record of immunizations for the child; and
(4)  the available results of medical, psychological, psychiatric, and dental examinations of the child.

(b)  The social history of the child must include information, to the extent known, about past and existing relationships between the child and the child’s siblings, parents by birth, extended family, and other persons who have had physical possession of or legal access to the child.

(c)  The educational history of the child must include, to the extent known, information about:

(1)  the enrollment and performance of the child in educational institutions;
(2)  results of educational testing and standardized tests for the child; and
(3)  special educational needs, if any, of the child.

(d)  The genetic history of the child must include a description of the child’s parents by birth and their parents, any other child born to either of the child’s parents, and extended family members and must include, to the extent the information is available, information about:

(1)  their health and medical history, including any genetic diseases and disorders;
(2)  their health status at the time of placement;
(3)  the cause of and their age at death;
(4)  their height, weight, and eye and hair color;
(5)  their nationality and ethnic background;
(6)  their general levels of educational and professional achievements, if any;
(7)  their religious backgrounds, if any;
(8)  any psychological, psychiatric, or social evaluations, including the date of the evaluation, any diagnosis, and a summary of any findings;
(9)  any criminal conviction records relating to a misdemeanor or felony classified as an offense against the person or family or public indecency or a felony violation of a statute intended to control the possession or distribution of a substance included in Chapter 481, Health and Safety Code; and
(10) any information necessary to determine whether the child is entitled to or otherwise eligible for state or federal financial, medical, or other assistance.

Filing of Health, Social, Educational, and Genetic History Report
(a)  This section does not apply to an adoption by the child’s:

(1)  grandparent;
(2)  aunt or uncle by birth, marriage, or prior adoption; or
(3)  stepparent.

(b)  A petition for adoption may not be granted until the following documents have been filed:

          (1)  a copy of the health, social, educational, and genetic history report signed by the child’s adoptive
           parents; and
          (2)  if the report is required to be submitted to the bureau of vital statistics under Section 162.006(e), a
           certificate from the bureau acknowledging receipt of the report.

(c)  A court having jurisdiction of a suit affecting the parent-child relationship may by order waive the making and filing of a report under this section if the child’s biological parents cannot be located and their absence results in insufficient information being available to compile the report.

Criminal History Report Required
(a)  In a suit affecting the parent-child relationship in which an adoption is sought, the court shall order each person seeking to adopt the child to obtain that person’s own criminal history record information. The court shall accept under this section a person’s criminal history record information that is provided by the Department of Protective and Regulatory Services or by a licensed child-placing agency that received the information from the department if the information was obtained not more than one year before the date the court ordered the history to be obtained.

(b)  A person required to obtain information under Subsection (a) shall obtain the information in the manner provided by Section 411.128, Government Code.

Residence with Petitioner.
(a)  The court may not grant an adoption until the child has resided with the petitioner for not less than six months.
(b)  On request of the petitioner, the court may waive the residence requirement if the waiver is in the best interest of the child.
Consent Required
(a)  Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause. A hearing on the issue of consent shall be conducted by the court without a jury.
(b)  If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption and further consent of that parent is not required.
(c)  A child 12 years of age or older must consent to the adoption in writing or in court. The court may waive this requirement if it would serve the child’s best interest.
Revocation of Consent
At any time before an order granting the adoption of the child is rendered, a consent required by Section 162.010 may be revoked by filing a signed revocation.
Attendance at Hearing Required
(a)  If the joint petitioners are husband and wife and it would be unduly difficult for one of the petitioners to appear at the hearing, the court may waive the attendance of that petitioner if the other spouse is present.
(b)  A child to be adopted who is 12 years of age or older shall attend the hearing. The court may waive this requirement in the best interest of the child.
Sec. 162.015.  RACE OR ETHNICITY. 
(a)  In determining the best interest of the child, the court may not deny or delay the adoption or otherwise discriminate on the basis of race or ethnicity of the child or the prospective adoptive parents.
(b)  This section does not apply to a person, entity, tribe, organization, or child custody proceeding subject to the Indian Child Welfare Act of 1978
Adoption Order
(a)  If a petition requesting termination has been joined with a petition requesting adoption, the court shall also terminate the parent-child relationship at the same time the adoption order is rendered. The court must make separate findings that the termination is in the best interest of the child and that the adoption is in the best interest of the child.
(b)  If the court finds that the requirements for adoption have been met and the adoption is in the best interest of the child, the court shall grant the adoption.
(c)  The name of the child may be changed in the order if requested.
Effect of Adoption
(a)  An order of adoption creates the parent-child relationship between the adoptive parent and the child for all purposes.
(b)  An adopted child is entitled to inherit from and through the child’s adoptive parents as though the child were the biological child of the parents.
(c)  The terms “child,” “descendant,” “issue,” and other terms indicating the relationship of parent and child include an adopted child unless the context or express language clearly indicates otherwise.
(d)  Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable possession of or access to a grandchild, as provided in Chapter 153.