Adoption Law Group

How Can I Protect My Internationally Adopted Child?

Fri, 11 Jul 2025 15:06:12 GMT

Steps for peace of mind about my child's immigration status

Our office is receiving multiple calls per week asking , “How can I protect my internationally adopted child?”. News reports of removal proceedings for U.S. citizens can be scary and it’s natural for parents to want to make sure they have done everything they can to protect their child from possible detainment or deportation.

First, DON’T PANIC! As a mom of two adult children adopted internationally, I have absolutely no fears or even flickers of concern that they may be detained. Denaturalization has long been happening in the U.S. and was even significantly expanded as a tool to combat fraudulent immigration during the Obama administration. Denaturalization must be ordered by a federal court and is based on a civil finding or criminal conviction that citizenship was obtained fraudulently. The Justice Department’s recent announcement that it will be pursuing these cases more aggressively does not expand the categories permitted to be denaturalized or change existing law. An example of a recent denaturalization in the news was that of an Australian person who had omitted the fact that he had been convicted of possessing and distributing child pornography on his naturalization application.

Second, if your child is not already naturalized, consult with an immigration attorney as soon as possible to complete the process.

If your child is already a U.S. citizen and you are concerned about your child being detained and unable to prove that they are a U.S. citizen, a Certificate of Citizenship, obtained through the N-600 application, is the best way to ensure that their citizenship is in law enforcement and social security data bases. Most recently adopted children may already have a Certificate of Citizenship; however, children that entered the U.S. on an IR-4 Visa likely do not, unless you applied for it separately. Even if your child has a U.S. passport, extreme prudence indicates obtaining a Certificate of Citizenship as well, as passports are in the Department of State data base, but may not be in the Social Security system.

What do I need to obtain a Certificate of Citizenship for my child?

In addition to a long laundry list of items such as marriage and birth certificates, adoption decree, and passport photos, it may be necessary to do a U.S. readoption (if the adoption was not considered "full and final" abroad or if one or more adoptive parents did not meet the child prior to the adoption) if you have not already done so. If your child is still a minor, a California readoption requires copies of your original home study, one post-placement visit by a CA adoption agency, the adoption decree and translation, and something indicating your immigration status (Visa or passport). If your child is already an adult, no documentation is required but a pleading must be made to the court asking it to approve an adoption agreement between you and your child. Adoption Law Group offers a free consultation on exactly what will be required for your child’s readoption. Schedule a call with one of our attorneys here: https://adoptionlawgroup.youcanbook.me/

Stepparent Adoption in Los Angeles, California

Wed, 13 Sep 2023 20:32:06 GMT

Stepparents Adoption in Los Angeles, California

In many stepfamilies, the non-custodial parent is no longer involved in the child’s life and adoption can be a beautiful way for a stepparent to commit to the child and provide them with the stability and security of knowing they will be loved and cared for for a lifetime.

In Los Angeles, stepparent adoption is a very straight-forward legal process by which the adoptive stepparent becomes legally responsible for the stepchild they adopt. The stepparent gains all parental rights and responsibilities regarding the stepchild, responsibilities that the stepparent now shares with their spouse.

Legal Process :

Adoption Request

Stepparent adoption, as with all forms of adoption, comes under the field of Family Law. In Los Angeles County, however, all stepparent adoptions are filed in the Edmund D. Edelman Children’s Court, which mainly handles foster care/dependency cases. The court has one courtroom dedicated to private adoptions, in which your matter will most likely be heard. To file a stepparent adoption request:

The stepparent must be married to, or be the domestic partner of, one of the child’s biological parents. California does not require a marriage to be of a certain duration before proceedings to adopt a stepchild can be commenced.
The adopting stepparent must be a resident of Los Angeles County. Similar to the duration of the marriage requirement, no minimum length of residency is required to petition a Los Angeles court for a stepchild adoption.
The stepchild being adopted must be under the age of 18 when the stepparent adoption is finalized. Otherwise, an adult adoption must occur, which has slightly different laws and procedures. Adoption Law Group also specializes in adult adoption of stepchildren.

Once these prerequisites are met, the Adoption Request is completed and filed. This form, along with any others that are required, must be completed by the adopting parent—in this case, the stepparent—and must include details about the adopting parent and the child being adopted. A special section of the form is filled in for stepparent adoptions. Information regarding the nature of the stepparent's relationship with the child as well as information about the child’s other parents and guardians is also included.

The filing fee for an Adoption Request is $20.00. After the Adoption Request and accompanying forms are filed, the petition is added to the court's records. Filing the Petition commences formal proceedings and triggers the next step in the adoption process.

Investigation

This stage involves an investigation by a social services agency responsible for investigating and reporting back to the court. When a stepparent or domestic partner petitions the court to adopt their stepchild, they can request the court to assign the County of Los Angeles, Department of Child and Family Services, Adoption Unit to their investigation. The Adoption Unit is responsible for completing an assessment of the family. Families may also choose to hire a licensed private adoption agency, a licensed clinical social worker or a licensed marriage and family therapist to do the investigation if they choose. By law, the investigation cannot cost over $700. Los Angeles County offers a sliding fee scale, ranging from $50--$700, while a private agency typically does not. Adoption Law Group will help you assess whether the county or a private agency is best in your situation.

The investigation for stepparent ado ptions does not involve a home study, which is a physical investigation of the premises where the child is/will be residing. Section 9001 of the Family Code details this, as well as other matters relating to stepparent adoption. The investigation assesses the stability of the stepparent's marriage as well as the stepparent's relationship with their stepchild. Interviews are conducted with all parties, including the child. If the child is over 12 years old, they must understand and consent to the adoption. If your child does not know that their stepparent is not their biological parent, the adoption process is an excellent time to tell them. Adoption Law Group can talk to you about positive ways to approach that conversation with your child. The investigation is primarily to determine whether the adoption is in the child’s best interest. Once the investigation has been completed, it is submitted to the court.

Consent of the Non-custodial Biological Parent

An integral part of the stepparent adoption process is either obtaining the consent of the noncustodial biological parent or having a court terminate their parental rights involuntarily. This is a necessary step as the adoption ends their legal parental rights. Only in rare instances, referred to as an “additional parent adoption,” may a non-custodial parent keep his or her parental rights. All parties must consent to such an arrangement.

Ideally, noncustodial biological parents will consent to the adoption. By doing so, they agree to have their parental rights terminated. This results in them giving up their rights as legal parents, which includes their rights to things such as court-ordered visitation. It also, however, relieves them of legal obligations associated with legal parenthood such as the payment of child support. Adoption Law Group Attorneys will work closely with you to determine the best way to approach the absent parent about getting their consent. Our attorneys our happy to reach out directly and make all arrangements regarding the consent.

If the noncustodial biological parent cannot be located or is unwilling to consent to the adoption, the court may terminate their rights without their consent. If they are unwilling to consent to the adoption, it does not necessarily mean they wish to fight the adoption. There may be issues with locating the biological or noncustodial parent due to them being absent for many years. Reasonable steps must be taken to locate them, such as sending a notice to their last known address, searching public data bases, and obtaining county records where they may now be residing. If the biological or noncustodial parent cannot be found after reasonable steps to locate them have been undertaken, or if they are unwilling to consent, adopting parents can apply to the court to either have notice dispensed with or notice by publication, depending on the absent parent’s prior involvement with the child.

To terminate a biological or noncustodial parent's parental rights, adopting stepparents must file a petition with the court and obtain a hearing date. This is a separate hearing from the adoption hearing. Pleadings must request termination of parental rights and set out the reasoning on which this request is based. The court considers the stepparent's ability to provide a suitable home for the child as well as look at the parental history of the noncustodial or biological parent. Termination is usually awarded in where the noncustodial biological parent has not been in contact with or provided any support to the child for over a year and they cannot overcome the presumption that their intent was to abandon the child. Once consent or a termination order have been obtained and the investigation is complete, with the report received by the court, a date for the adoption hearing can be set.

Court Hearing

At the hearing, the Judge assesses the forms and all circumstances of the case. The adopting stepparent, biological parent, and the child being adopted must go to the hearing. At the hearing, the adopting stepparent formally agrees to adopt their stepchild. If everything is in order, the Judge grants the Adoption Order and the adoption is finalized. Family and friends are invited to the hearing, and most Judges treat this final hearing as both a formal hearing and a celebration of adoption. The usual court rule of no photography is waived and photos with the Judge may be taken.

Following the Granting of an Order of Adoption

Once the adoption is finalized, a copy of the official Adoption Order is provided to the adopting stepparent and their now adopted stepchild. It is common to change the now adopted stepchild’s last name to match that of an adopting stepfather, for example. If a child’s name is changed, this is reflected on the new birth certificate. The newly issued birth certificate also reflects the new legal parent–child relationship. All facts of the birth remain the same but the adopting stepparent's name and birthdate replaces that of the noncustodial or biological parent. After this stage, the official adoption process in San Diego is complete and a stepparent is now recognized as a legal parent of their stepchild.

How Much Does Stepparent Adoption In California Cost?

jill@adoptionlawgroup.com (Jill Cucullu) — Fri, 28 Oct 2022 20:09:54 GMT

Stepparent Adoption in CA Doesn't Have to Cost a Fortune

Stepparent adoption should be affordable.

Stepparent adoption is such a special thing: the adoptive parent is legally committing to his or her stepchild, much in the same way that husbands and wives commit to one another. A stepparent adoption creates all of the legal rights and responsibilities of a natural parent-child relationship and is often a way of formalizing an existing parent-child relationship. Many people, though, fear that adoption will be time-consuming and costly, and may open a Pandora’s Box with the absent parent. Our ALG attorneys will discuss the latter concern with you in a free consultation. As for costs, Adoption Law Group is committed to keeping the cost of stepparent adoption reasonable, because we believe that every child deserves loving, committed, legal parents.

Costs if Biological Non-custodial Parent Consents

If the absent (non-custodial) parent is willing to sign a consent to the adoption or is deceased, it may be possible to do your own stepparent adoption without the assistance of a lawyer. Your county adoption court clerk should be able to give you a packet of forms to start the process. There is a $20.00 court filing fee to start the case. Then, the case goes to either the county-designated office to investigate stepparent adoptions, or you can choose a private adoption agency or social worker licensed to provide stepparent investigations. Both the county and private agencies usually charge the maximum fee allowed by law, which is $700. The county, however, has a sliding fee scale and may charge as little as $50, depending on your income and household size. If the absent parent will sign a consent, they simply need to have the proper form notarized (AD 2A_2B, available on the CDSS website). The agency investigating the adoption should be able to provide you with the correct form. Adoption Law Group charges a flat fee of $2,500 for an uncontested stepparent adoption. This includes everything necessary to complete your adoption, including contacting the absent parent to obtain his or her consent, except the investigation fee, payable directly to the investigating agency.

Additional Costs if Non-custodial Parent Does Not Consent

If the absent parent is either unwilling to consent, or their location is unknown, you will most likely need an attorney to assist you with terminating their parental rights. The legal action needed varies depending on the non-custodial parent’s legal status. If a termination action is needed against either the mother or a presumed father (generally, a father who was either married to the mom, or who lived with the child, or who has had paternity established and/or is on the birth certificate), an action based upon legal abandonment is usually required. Adoption Law Group’s legal fees for this type of action usually range between $2,800.00 and $3,650.00 if the parent does not appear to contest the adoption at the initial hearing. If they do show up to contest the adoption, an hourly fee agreement will be needed, or the adoptive parents may choose to hire a separate litigation attorney to handle the trial phase of the action. An action to terminate the legal rights of an “alleged” father is usually less costly, as it often does not require a formal court hearing. Adoption Law Group typically charges between $1,200 and $2,250.00 for the termination of parental rights of an alleged father, unless protracted litigation arises.

Thus, even when a termination of parental rights action is required, stepparent adoption in California, using Adoption Law Group’s services, does not usually cost more than about $6,000, plus the $700 investigation fee, unless the non-custodial parent actively contests the adoption by appearing in court. Because we love stepparent adoption, we are committed to offering reasonable payment plans for clients who need them. Start today with a free consultation with one of our attorneys, who will be able to provide you with a more specific estimate of costs.

Stepparent Adoption Without the Consent of the Biological Father

Fri, 29 Jul 2022 20:55:58 GMT

Stepparent Adoption Without the Consent of the Biological Father

Stepparent adoptions are the most popular form of adoption in the United States. This article looks at the scenario of a remarried birth mother whose husband wishes to adopt her child, his stepchild. The birth mother's ex-spouse and father of the child does not consent to the adoption. While this article uses a biological father whose consent cannot be obtained, the same law applies to either birth parent.

Legal Process:

Adoption Request

To adopt a stepchild, certain processes must be followed. A stepparent first needs to file an Adoption Request with a Superior Court in the county in which they reside. The Adoption Request contains details about the adopting stepparent and the stepchild being adopted. Information regarding the nature of the stepparent's relationship with the child as well as information about the child’s other parents and guardians are relevant. After the Adoption Request is filed, it is added to the court's records. Filing the Adoption Request commences formal proceedings and triggers the next step in the adoption process.

Investigation

This stage involves an investigation by a social services agency responsible for investigating and reporting back to the court. The investigation is primarily to determine whether the adoption is in the child’s best interests. If the child is over 12 years old, their consent to the adoption must be obtained. Once the social services agency has conducted the investigation, the findings are submitted to the court.

Biological Father's Consent

For a stepparent adoption to be finalized, consent of the noncustodial biological parent is required. In this scenario, the consent of the biological father must be obtained before a stepfather can adopt his stepchild. If consent cannot be obtained, the parental rights held by the biological father need to be terminated by court action

so that they may be transferred to the adopting stepfather. The adopting stepfather then gains the legal rights of parenthood awarded by the adoption process.

In an ideal situation, the biological father's consent is voluntarily given and the adoption proceeds. Here, consent involves the biological father agreeing to terminate his parental rights so that they may be transferred to the adopting stepfather. This results in the biological father giving up his rights as a legal parent, which includes his right to things such as custody and court-ordered visitation. It also, however, relieves him of any legal obligations associated with legal parenthood such as the payment of child support. If consent is given voluntarily, the adoption process can proceed quickly past this stage. Unfortunately, voluntary consent is not being given in this scenario.

There are two primary reasons why consent from a biological father cannot be obtained. One is that he is unwilling to consent, and the other is that he cannot be located. If the biological father is unwilling to consent and wishes to fight the adoption, the adopting stepfather and the child’s mother must pursue legal proceedings to have the biological father’s rights terminated by the court. The biological mother and stepfather need to notify the biological father of the pending termination of rights. This is done by filing a petition with the court asking it to take steps to terminate the biological father's parental rights. Notice of that petition must then be served on the biological father so that he may prepare to plead his case in front of a Judge. Court proceedings regarding termination are then commenced and a hearing is scheduled to determine the outcome of the petition. Ultimately, a huge factor the Judge will consider is what is in the child’s best interests when deciding whether or not to terminate the parental rights of a biological father.

Some issues with locating a biological father may arise due to him being absent for many years. Reasonable steps must be taken to locate him, such as sending a notice to his last known address, searching motor vehicle registration lists or obtaining county records where he may now be residing. Evidence of efforts to locate the biological father will likely be required by the court. If the biological father cannot be found after reasonable steps to locate him have been undertaken, the adopting stepparent can apply to the court to have the biological father's parental rights terminated. In some cases, the biological parent must be given notice of the pending case through publication. In this case, termination is usually on the ground of Abandonment.

Termination of Biological Father’s Parental Rights by a Court

Terminating the parental rights of a biological father is a matter that the courts take very seriously. Courts have a high burden of proof, which is placed on the person filing. In this case, the person filing is the adopting stepfather. In California, the most common grounds for terminating an absent parent's parental rights is abandonment. In making its determination, the court considers the stepparent's ability to provide a suitable home for the child as well as look at the parental history of the biological father. The parental history of the biological father determines the basis for terminating his parental rights. If the court is satisfied it would be in the child’s best interests for the rights of the biological father to be terminated, and that the birth father has abandoned the child as legally defined, it will order termination of his parental rights.

Abandonment

In determining whether abandonment has occurred, a court looks at a variety of factors. These commonly include the timely payment of child support as well as visitation and the contact the biological father has with the child. The timeframe that must be proved for abandonment varies from state to state. In most states, it is a minimum of one year, where the child has been left in their birth mother's custody. In the state of California, section 7822 of the Family Code sets out the requirements for abandonment. These are if a biological father has not paid child support or had any contact with a child for one year. California also requires that the absent parent had the "intent to abandon," which can often be inferred from objective conduct.

Adult Adoption

If the birth mother and stepfather are not successful, and consent cannot be voluntarily obtained from the biological father, or the court does not terminate his parental rights, the adopting stepparents have another option. This option is to wait until the child is 18 years old and then commence proceedings for an Adult Adoption. This is an option because adult adoptions do not require the consent of the biological father. They focus on the consent of the legally adult child who is being adopted. While this option may be frustrating if the child is many years from turning 18, it at least provides an alternative route to ultimately achieving the same goal of a finalized adoption by a stepparent.

The overarching principle behind the court's determination to terminate a biological father's parental rights is to assess what is in the child’s best interests. Factors like permanence and stability are considered by the court. Therefore, for the termination to be granted, the court must be satisfied it is in the child’s best interests to terminate the parental rights of the biological father.

If a birth mother and stepfather are successful in having the biological father's parental rights terminated by the court, the adoption process can continue to the next stage, where an Adoption Order is received at an Adoption hearing.

Can Adults Be Adopted?

Fri, 29 Jul 2022 20:55:57 GMT

Can Adults be Adopted?

When one thinks of adoption, the usual process of an adult adopting a child or an infant comes to mind. The question of “Can adults be adopted?” is likely only to arise in more specific circumstances. The concept of an adult adopting another adult is certainly less common but is a growing area of legal practice. It makes the most conceptual sense to think of adult adoption in the same way as child adoption, with the parties being an adopting parent or parents and an adopted child.

In this case, however, the child is an adult (“adoptee”). The terminology and conception of the process apply in the same way as the process fundamentally involves the establishment of a legally specific parent–child relationship. This relationship established via adoption is the same regardless of whether the adoptee is 3 years old or 30 years old.

Adult Adoption: Age

A main differentiating factor in the adoption of an adult is the age of the adoptee. In California, a person is classified as an adult once they reach the age of 18. This age gives an adoptee the legal right to provide their consent to legal proceedings. This makes the process of adopting an adult different from that of adopting a child. A child does not have the legal right to consent to an adoption; therefore, it is for the courts to determine what is in the child’s best interest. In contrast, the law recognizes that adults can make such decisions for themselves.

The main difference in the process of adopting an adult rather than adopting a child is that the adoptee can personally consent to the adoption and the legal process is different because of this. As the adoptee is over the legal age consent, the process of adopting an adult is often a lot faster than the process of adopting a child. Fewer requirements must be fulfilled due to the adoptee's ability to provide consent as well as make their own informed decisions. It is also often the case where the adoptee no longer lives at home with the adopting parents, meaning a home study is not required. This is vastly different from the adoption of a child where the child is intended to live with the adopting parents and they are to make decisions surrounding the child’s everyday well being. In this way, the adoption of an adult is less focused on practical matters of care and more about a symbolic recognition of the parent–child relationship the adopting adult has with the adoptee.

Why an Adult May Wish to be Adopted

For people considering the process of adopting an adult, the how is of obvious importance. What legal processes to follow and what arrangements need to be made are of course relevant. However, as the nature of the resulting parent–child relationship is very different in an everyday, practical sense, it makes for a more interesting study to consider the why behind adult adoption. Adult adoption is not undertaken to obtain the legal rights and responsibilities that establish parental rights relating to the day to day care of a child. In most cases, the adoptee will have left home and become responsible for these decisions themselves. This seems to suggest that the desire to undertake the process of adult adoption stems from a symbolic place.

Having the relationship of a parent and child recognized legally, regardless of biological linkages, is of utmost importance to many people. It is a foundational relationship in a family and while it may seem like an unnecessary legal formality to many, it is of great importance to some. This is often the case in a situation of stepparent adoption. A common reason behind adult adoptions is the recognition of a parent–child relationship between a stepparent and their stepchild. Often stepparents have held the role of a primary carer for an adoptee. A stepparent can have had just as much influence, if not more, on an adoptee's life than a biological parent. This is especially so if the adoptee has grown up with the stepparent from a young age. In this situation, naturally, the adoptee likely considers their stepparent to simply be their parent. While the legal relationship in this situation does not change these feelings, or the everyday reality of their parent–child relationship, having the option to have this relationship formalized in a legal sense is of great significance.

Birth Certificate

During the process of adopting an adult, an adoptee may wish to change their birth certificate. This may be the sole driver behind the formal adoption or a significant part of it. Changing a birth certificate links with the symbolic nature of the adult adoption process. Having the people an adoptee regards as their parents recognized on their birth certificate, a highly important legal document, is a huge symbolic acknowledgement of their parental relationship. This step is likely to be a special one for both the adopting parents and the adoptee.

While this would be the case irrespective of the adoptee's age, it has an extra weight of significance when the adoptee is an adult. The adoptee is confirming their choice of parents and editing their birth certificate to reflect that. In this legal process, no consent from an adoptee's biological parents is required unless one of the biological parents is retaining their parental rights. Therefore, in the case of stepparent adoption, it is more than likely the biological parent will consent to the stepparent, their spouse or partner becoming a legally recognized parent of their adult child.

While these symbolic goals are achieved through adult adoption, more practical goals can also be achieved. Adult adoption comes up in the area of estate planning. Inheritance laws applicable to children, including adult children, apply to biological and adopted children in the same way. In this sense, it may give adopting parents peace of mind that the adoptee will continue to be cared for by their estate. Despite the general route of wills and trusts being used to direct assets, being legally classified as the parent's child adds another layer of legal protection for adoptees.

Summary

In answer to the question of whether an adult can be adopted, the simple answer is yes, an adult can legally be adopted. The process is different from the process of adopting a child as the parties involved are all consenting adults. During the adoption of a child, a court must determine what is in the child’s best interests. Adult adoption focuses far more on the individuals and provides the parties with autonomy in choosing who is recognized as their legal parent or parents, which makes the legal process more streamlined.

Adult adoptions are a growing area of legal practice that reinforces the importance of a parent–child relationship at every age. Adoption remains a process that formally recognizes that special relationship regardless of the age of the adoptee. In this sense, because adult parties, the adult child and their parent(s), have specifically chosen to formalize via a legal process, the act is all the more special.

Temporary Guardianship in California

Fri, 29 Jul 2022 20:55:56 GMT

Temporary Guardianship in California

Guardianship is a legal relationship that is established when a court appoints an adult as a minor child’s guardian. A guardian assumes the rights and responsibilities of a child’s care for the duration of their guardianship. A guardianship can be permanent, until the child turns 18 years old, or temporary. Temporary guardianship is usually awarded in emergency situations or for specific purposes. Temporary guardianship leaves open the possibility of a child’s parents regaining care of the child when they are in a position to do so.

Temporary Guardianship is generally only granted in emergency situations, where there is an immediate need for guardianship over a child. The courts classify an emergency as immediate medical treatment, enrollment in school, if the child’s parents are deceased, absent, incarcerated or incapacitated or if the child’s parent is also a minor. The courts must be convinced the guardian has shown good cause to ask for the temporary guardianship. Any adult over the age of 18 years old can become a child’s temporary guardian. Often grandparents, aunts or uncles, or siblings are the ones who petition the court for guardianship. Temporary guardianships are awarded for a short period of time, usually no longer than six months.

Temporary guardianship grants a guardian all the legal rights and responsibilities relating to the care of the child. A guardian has full legal and physical custody of the child, and makes decisions about their care. Such decisions include medical and schooling needs. A guardian also decides where the child should live. This is, however, limited to California as without a court order a guardian is not permitted to move out of state with a child under their guardianship. The child’s biological parents rights are suspended while the guardianship is in place, but not terminated.

This is different from an adoption, where the biological parents’ rights are terminated and the rights are transferred to the adopting parents. As biological parents’ rights are still in place in a guardianship, the rights can be transferred back to the biological parents at the end of the temporary guardianship, if it is appropriate to do so.

Legal Process:

Petition

An application for temporary guardianship includes filing forms with the court. These include the Petition for Appointment of Temporary Guardian of the Person and Letters of Guardianship. These, along with other forms the court requires must be filled out and filed. The court requires information such as the proposed guardians relationship to the child and why it is necessary for the child to receive temporary support, care and maintenance from the guardian at the time of petition. At the same time as the application for temporary guardianship is submitted, a petition for general guardianship must also be filed. This is because a temporary guardianship is an emergency order only, and will end when a general guardian is appointed by the court or when the child’s parents resume responsibility for the child.

Notice

Notice of the hearing for the proposed guardianship must also be provided to the child if they are over 12 years old. The child’s parents and any other person who has visitation rights must also receive a notice of the hearing. If such people cannot be located, meaning notice cannot be given to them, the proposed guardian must explain this to the court. The proposed guardian must have taken reasonable steps to locate all concerned people, and may have to prove this to the court.

Court Hearing

A court hearing is then held where the court determines whether or not to approve the temporary guardianship. The court looks at all the information before them when granting the temporary guardianship. If the child’s parents consent to the guardianship, it is easier to have the guardianship approved. If the parents do not consent to the guardianship, the Judge must be satisfied the guardianship is in the child’s best interest. A temporary guardianship suspends the parents legal rights, so it is important that the court be satisfied that the guardianship is the best option in the circumstances. If the court believes awarding a temporary guardianship is in the child’s best interest, the guardian gains legal custody of the child and is appointed as the child’s temporary guardian. This is an official court order, and cannot be canceled by the child’s parents.

Non-court Ordered Temporary Guardianship Arrangements Requiring Parental Consent

As well as court ordered temporary guardianship, other more specific forms of temporary guardianship also exist. These include Power of Attorney for a Minor Child, a Caregiver’s Authorization Affidavit and Joint Guardianship. Parents may action any one of these forms of temporary guardianship if they recognize their current situation as being incompatible with their ability to care for their child. This could be due to a number of reasons, including serious illness, incarceration or military duty.

Power of Attorney

Power of Attorney for a Minor Child grants a responsible adult the legal right to make decisions on the child’s behalf when their parents are unable to do so. This adult usually also has physical custody of the child. This means they are able to make decisions surrounding where the child goes to school and the child’s medical care. To establish a Power of Attorney, biological parents must consent as they must sign and notarize the required forms for the Power of Attorney to be legally valid. This, however, enables the biological parents to cancel the Power of Attorney at any time as it is not an official court order.

Caregiver’s Authorization Affidavit

A Caregiver’s Authorization Affidavit establishes a temporary guardianship and is most suited to guardianships by relatives. A Caregiver’s Authorization Affidavit gives the caregiver the ability to enroll a child in school and make medical decisions on their behalf while they are living with the caregiver. If a Caregiver’s Authorization Affidavit is used and the caregiver is not a relative, they can only make medical decisions related to schooling, for example authorizing a child to receive the immunizations a school requires for enrollment. Similar to a Power of Attorney, this is not an official court order, meaning a child’s biological parents can cancel the Caregiver’s Authorization Affidavit at any time. It also does not give the caregiver legal custody of the child, or suspend the biological parents’ legal rights and responsibilities.

Joint Guardianship

Joint Guardianship is a form of temporary guardianship typically used when a parent has a significant medical condition and needs another adult to help care for their child. This arrangement allows a parent to retain their parental rights while sharing parental responsibility with another nominated adult. Terminally ill parents may use Joint Guardianship to establish future custody arrangements for their children if the parent passes away. Joint Guardianship is only available in the states of California and Connecticut.

While a Power of Attorney, Caregiver’s Authorization Affidavit and Joint Guardianship are all valid ways of establishing temporary guardianship, they provide less stability than a court appointed temporary guardianship. Establishing a Power of Attorney, Caregiver’s Authorization Affidavit or Joint Guardianship requires parental consent and willingness to uphold the guardianship. A biological parent can cancel any one of these temporary guardianship arrangements at any time. This is unlike a court ordered temporary guardianship, which can only be canceled by the court.

Establishing a court ordered temporary guardianship provides more certainty to the guardian and the child. It transfers legal rights and responsibilities to the appointed guardian, such as legal custody of the child. Courts also require an application of permanent guardianship to be submitted at the same time as the petition for temporary guardianship. This is to ensure the most stable arrangement possible is able to be made. Stability, as determined by the court, is in the child’s best interest.

Stepparent Adoption in California

Fri, 29 Jul 2022 20:55:55 GMT

Stepparent Adoption in California

Stepparent adoption is the most common form of adoption in California. California recognizes the right of a stepparent to adopt the biological child of his or her spouse. This awards the stepparent all the legal rights and responsibilities of being that child’s parent, which they are now able to share with their spouse. The process of adoption results in the termination of the child’s other biological or noncustodial parent’s rights. Adoption formalizes the unique parent–child bond many children share with their stepparents and affirms a stepparent's love and commitment to the child. Stepparent adoptions are usually straightforward, provided consent from a child’s other birth or noncustodial parent can be obtained. If consent is easily obtained, the whole adoption process can take as few as 6 months.

Certain prerequisites for stepparent adoption are in place. These include the stepparent being legally married to or in a recognized domestic partnership with the child’s biological parent. If either of these is not applicable, the stepparent needs to follow the procedure for a Second Parent Adoption. This is similar to a stepparent adoption but requires a more intensive home study and the submission of some different forms. As in a stepparent adoption, the child has at least one parent with legal custody. The second parent joins that parent in having full custody of the child, with the rights and obligations divided equally between the two parents, the “first” parent and the “second” parent.

Legal Process:

Adoption Request

Stepparent adoption, as with all forms of adoption, comes under the field of Family Law.

The general process[1] of initiating a stepparent adoption in California begins by filing an Adoption Request in the county in which the adopting stepparent resides. The Adoption Request is contained in the form Adopt-200.[2] This form, along with any others that are required, must be completed by the adopting parent and must include details about the adopting parent and the child being adopted. A special section of the form must be filled in for stepparent adoptions. Information regarding the nature of the stepparent's relationship with the child, as well as information about the child’s other parents and guardians, is relevant and should be included. The Adopt-200 form must be filed with a Superior Court. The filing fee in most counties is $20.00, but in Los Angeles County it is $160.00! After the Adoption Request (Adopt-200) and any other required forms are filed, the petition is added to the court's records. Filing the Petition commences formal proceedings and triggers the next step in the adoption process.

Investigation

This stage involves an investigation by a social services agency responsible for investigating and reporting back to the court. This investigation requires the adopting stepparent to gather certified copies of official documents such as their marriage license and birth certificate. It also involves an interview with all parties involved, including the child. If the child is over 12 years old, their consent to the adoption must be obtained. The investigation is usually carried out by a licensed social worker. The investigation is primarily to determine whether the adoption is in the child’s best interest. Once the social worker has conducted their investigation, they submit their report to the court. This investigation is similar to a home study but less extensive.

Consent of the Noncustodial Biological Parent

The consent of the noncustodial biological parent must be obtained if it has not already. To transfer legal parental rights to the adopting stepparent, they must be taken from a biological or noncustodial parent. The biological or noncustodial parent must either consent to the adoption or have their parental rights terminated by the court for the adoption by a stepparent to proceed.[3]

In an ideal situation, consent of the biological or noncustodial parent is easily obtained and the adoption process can continue. To consent, a biological or noncustodial parent agrees to the termination of their parental rights. If the noncustodial or biological parent lives in California, they need to sign the Stepparent Adoption – Consent to Adoption by Parent in California Giving Custody to Husband or Wife or Domestic Partner of Other Parent form. This form must be notarized or signed in front of an agency representative. If the child’s biological or noncustodial parent is deceased, the court may require a death certificate to be included in the adoption application.

A difficulty arises when the biological or noncustodial parent is unwilling to consent or they cannot be located. If they are unwilling to consent to the adoption, it does not necessarily mean they wish to fight the adoption. It only means that they are unwilling to actively cooperate. Issues with locating the biological or noncustodial parent may also exist due to them being absent for many years. Reasonable steps must be taken to locate them, such as sending a notice to their last known address, searching motor vehicle registration lists or obtaining county records where they may now be residing.

If the biological or noncustodial parent cannot be found after reasonable steps to locate them have been undertaken, or if they are unwilling to consent, the adopting parents can apply to the court to have the biological or noncustodial parent's rights terminated. Terminating the parental rights of a biological or noncustodial parent is a serious matter and one for which the courts take grave responsibility. Termination of parental rights strips the biological or noncustodial parent of obligations such as the provision of child support and inheritance, as well as removing their rights to things such as custody and court ordered visitation.

To terminate a biological or noncustodial parent's parental rights, adopting stepparent must file a petition with the court and obtain a hearing date. This is a separate hearing from the adoption hearing. Pleadings must request termination of parental rights and set out the reasoning on which this request is based. The most common reason in stepparent adoptions is abandonment. Other reasons can include neglect or cruelty, a parent suffering from addiction, mental illness, or disability, or being convicted of a felony. If the reason for termination is proved, a Judge terminates the rights of the biological or noncustodial parent and the adoption process can continue. Once consent or a termination order has been obtained and the social worker's investigation is complete, with the report received by the court, a date for the adoption hearing can be set.

Court Hearing

At the hearing, the Judge assesses the forms and all circumstances of the case. The adopting stepparent, natural parent, and the child being adopted must go to the hearing. At the hearing, the adopting stepparent formally agrees to adopt their stepchild. If everything is in order, the Judge grants the Adoption Order and the adoption is finalized. Family and friends are invited to the hearing and most Judges treat this final hearing as both a formal hearing and a celebration of adoption. Sometimes the usual court rule of no photography is waived and photos with the Judge may be taken. Currently, due to Covid-19, courts also offer the final hearing via video link to maintain social distancing.

After the Order of Adoption

Once the adoption is finalized, a copy of the official Adoption Order is provided to the adopting stepparent and their now adopted stepchild. The parties may wish to have a new birth certificate issued to reflect the stepparent adoption. This can be achieved by filling out a VS-44 document. The newly issued birth certificate reflects the new legal parent–child relationship. All facts of the birth remain the same but the adopting stepparent's name and birthdate replaces that of the noncustodial or biological parent.

After this stage, the official adoption process is complete. A stepparent is now recognized as a legal parent of their stepchild. This formalizes the special bond of parent and child and leads to stepmom or stepdad to simply becoming Mom or Dad.

References

[1] https://www.courts.ca.gov/selfhelp-adoption.htm?rdeLocaleAttr=en

[2] https://www.courts.ca.gov/documents/adopt200.pdf

[3] https://www.saccourt.ca.gov/family/parental-rights.aspx#general

Stepparent Adoption in San Diego, California

Fri, 29 Jul 2022 20:55:55 GMT

Stepparents Adoption in San Diego, California

Adopting a stepchild is a legal process with a special result. Stepparent adoption is the most common form of adoption in California. It is the legal arrangement by which the adoptive stepparent becomes legally responsible for the stepchild they adopt. The stepparent gains all parental rights and responsibilities regarding the stepchild, responsibilities that the stepparent now shares with their spouse.

The process of adopting a stepchild is similar throughout California but San Diego has some specific requirements that need to be understood.

Legal Process :

Adoption Request

Stepparent adoption, as with all forms of adoption, comes under the field of Family Law. San Diego has some basic requirements for filing an Adoption Request that are specific to that county.

The stepparent must be married to, or be the domestic partner of, one of the child’s biological parents. California does not require a marriage to be of a certain duration before proceedings to adopt a stepchild can be commenced.
The adopting stepparent must be a resident of San Diego County. Similar to the duration of the marriage requirement, no minimum length of residency is required to petition a San Diego court for a stepchild adoption.
The stepchild being adopted must be under the age of 18 when the stepparent adoption is finalized. Otherwise, an adult adoption must occur, which has slightly different laws and procedures.

San Diego has many Superior Court locations, but only two are used for stepparent adoption filings. Most Adoption Requests are handled through the Central Family Law Courthouse. The North County Courthouse in Vista also accepts stepparent adoption requests. The filing fee for an Adoption Request is $20.00. Other fees that can be expected in San Diego are the County Investigation Fee ($270.00) and a Fingerprinting fee ($64.00). As well as these,the adoption attorney fees must be considered. Many adoption attorneys offer a free consultation. After the Adoption Request and any other forms are filed, the petition is added to the court's records. Filing the Petition commences formal proceedings and triggers the next step in the adoption process.

Investigation

This stage involves an investigation by a social services agency responsible for investigating and reporting back to the court. When a stepparent or domestic partner petitions the court to adopt their stepchild, they can request the court to assign the County of San Diego Stepparent Adoption Unit to their investigation. The Stepparent Adoption Unit is responsible for completing an assessment on the birth parent and the stepparent. Previously, the San Diego County Health and Human Services Agency (HHSA) was the only agency available to do the investigation. A new law now allows a licensed private adoption agency, a licensed clinical social worker or a licensed marriage and family therapist to do the investigation if the adopting parents choose.

The investigation for stepparent adoptions does not involve a home study, which is a physical investigation of the premises where the child is/will be residing. Section 9001 of the Family Code details this, as well as other matters relating to stepparent adoption. The investigation assesses the stability of the stepparent's marriage as well as the stepparent's relationship with their stepchild. Interviews are conducted with all parties, including the child. If the child is over 12 years old, they must understand and consent to the adoption. The investigation is primarily to determine whether the adoption is in the child’s best interest. Once the investigation has been completed, it is submitted to the court.

Consent of the Non-custodial Biological Parent

An integral part of the stepparent adoption process is obtaining the consent of the noncustodial biological parent. This is a necessary step as the adoption ends their legal parental rights. These rights must be terminated before they can be transferred to the adopting stepparent.

If the noncustodial biological parent cannot be located or is unwilling to consent to the adoption, the court may terminate their rights without their consent. If they are unwilling to consent to the adoption, it does not necessarily mean they wish to fight the adoption. There may be issues with locating the biological or noncustodial parent due to them being absent for many years. Reasonable steps must be taken to locate them, such as sending a notice to their last known address, searching motor vehicle registration lists or obtaining county records where they may now be residing. If the biological or noncustodial parent cannot be found after reasonable steps to locate them have been undertaken, or if they are unwilling to consent, adopting parents can apply to the court to have the biological or noncustodial parent's rights terminated.

To terminate a biological or noncustodial parent's parental rights, adopting stepparents must file a petition with the court and obtain a hearing date. This is a separate hearing from the adoption hearing. Pleadings must request termination of parental rights and set out the reasoning on which this request is based. The court considers the stepparent's ability to provide a suitable home for the child as well as look at the parental history of the noncustodial or biological parent. Termination is usually awarded in situations of child abandonment or circumstances where the noncustodial biological parent has not been in contact with or provided any support to the child for over a year. Once consent or a termination order have been obtained and the investigation is complete, with the report received by the court, a date for the adoption hearing can be set.

Court Hearing

At the hearing, the Judge assesses the forms and all circumstances of the case. The adopting stepparent, biological parent, and the child being adopted must go to the hearing. At the hearing, the adopting stepparent formally agrees to adopt their stepchild. If everything is in order, the Judge grants the Adoption Order and the adoption is finalized. Family and friends are invited to the hearing, and most Judges treat this final hearing as both a formal hearing and a celebration of adoption. Sometimes the usual court rule of no photography is waived and photos with the Judge may be taken. Currently, due to Covid-19, courts have also offered the final hearing via video link to maintain social distancing.

Following the Granting of an Order of Adoption

Guardianship in California

Fri, 29 Jul 2022 20:55:54 GMT

Guardianship in California

Guardianship is a legal process whereby a child is placed in the care of a guardian rather than remaining in the care of their parents. A guardian assumes legal responsibility for the child and the parents are unable to retain their parental rights. A child’s parents’ parental rights are not terminated under a legal guardianship but suspended while the guardianship is in place.

This is because the guardian now holds those rights. A guardian raises the child, is awarded legal and physical custody of the child and is responsible for the day to day care of the child. A guardian is also able to make decisions surrounding the child’s medical care, education and living situation, as well as provide consent for a child to obtain a driver’s license, join the armed forces or get married. Guardianship can be either permanent until a minor child turns 18, or temporary. A guardianship usually remains in effect until the child turns 18 or the court orders that it be terminated.

Guardianship usually comes about for two primary reasons:

If the parents are unable to adequately care for their child due to serious illness, incarceration, substance abuse or any other situation, they may appoint a guardian. Guardians can be appointed on a temporary or permanent basis.
If both parents are deceased, and a guardian is appointed in their wills, the child’s care is transferred to the guardian. It is also possible to obtain guardianship of the estate if the child has inherited significant property.

The overarching principle of guardianship is whether the guardianship is in the best interests of the child. When considering the child’s interest, the court looks to the stability a guardian can provide as well as the guardian’s ability to provide day to day care for the child in a way that the child’s parents cannot. The guardian takes over the responsibility to care for the child and raises the child to the best of their ability within the circumstances.

Legal Process :

The legal process of obtaining guardianship of a child in California is very detailed. Many specific rules are in place for court filings, giving notice of proceedings and court required investigation. Unlike most other family law cases, the probate court deals with guardianship.

The process is much smoother when one or both parents willingly participate in the application for guardianship. If the parents are in favor of guardianship, it is usually awarded at the first hearing. If the parents do not consent, the court must deem it detrimental to the child to remain in parental custody before awarding legal guardianship to the proposed guardian. It typically takes two to three months for guardianship to be granted, but this depends on a variety of factors.

Filing documents

The first stage of an application for guardianship is the filing of the Petition for Appointment of Guardian of the Person form. If an application for guardianship is made that also includes guardianship of the child’s estate, an additional form must be filed. These forms along with many others must be reviewed and filed with the court. Filing will trigger the next stage in the proceedings.

Notice

Notice of the proceedings must be given to certain people. These people are generally the family members of the child, which includes the child’s parents, grandparents, and siblings. If the siblings are also minors, the people with whom the siblings are living must receive the notice. If the child over whom the guardianship is sought is over 12 years old, the notice must also be given to them.

Investigation

To obtain guardianship, the court requires an investigation of the proposed guardian to be completed. If the proposed guardian is a relative of the child, the investigation is conducted by a court investigator, known as a probate investigator. If the proposed guardian is not a relative, the investigation is conducted by the county’s Human Services or Social Services department.

The investigation involves interviewing the proposed guardian, the child, and, if available, the child’s parents. The investigator looks at matters such as where the child will live, where the child will go to school, the proposed guardian's family situation, any health care issues and visitation by the parents. The investigation also involves a home study, in which the investigator visits the home where the child will live. This investigation also involves a background check of all other residents at the proposed home. Once the investigation is complete, it will be submitted to the court and reviewed by the Judge as part of the overall application for guardianship.

Parental Consent

If both parents consent to guardianship, the Judge orders guardianship if it is necessary and appropriate. If, however, one or both parents object to guardianship, the process becomes more difficult. If there are parental objections to guardianship, the court usually refers all the parties to mediation. In mediation the aim is to come to an agreement that is in the best interests of the child. If mediation is unsuccessful, a Judge needs to determine whether appointing a guardian is in the child’s best interests.

In California, generally, if there is a parental objection to guardianship the court does not grant it unless it finds that the child being in the parent’s custody is detrimental to the child. This is a high burden to prove and the court has wide discretion on how they interpret the meaning of “detrimental” in the unique circumstances of the case. The court must also determine whether guardianship would be in the best interests of the child. If the court rules that it would be detrimental for the child to remain in the custody of their parents, and it would be in their best interest to have the proposed guardian awarded guardianship, they will award guardianship.

Court order

If guardianship is awarded, the Judge signs the Order Appointing Guardian or Extending Guardianship of the Person. The clerk also issues the Letters of Guardianship. These official documents award guardianship over the child and create a legal relationship between the guardian and the child. The guardian is now responsible for the day to day care of the child, as well as making important decisions on the child’s behalf.

Adoption

Legal guardianship has both similarities and differences to adoption. Often, a probate guardianship is what is initially sought to care for the child, and will be followed by an application for adoption if appropriate in the circumstances. Generally, an adult must have been the child’s legal guardian for at least one year before filing to adopt the child. However, if the child has been legally abandoned by one or both parents, the time frame could be reduced to as little as six months. In some instances; however, guardians should wait two years because the law allows a court to terminate parental rights after this period. After two years, there is a presumption that the child would benefit from being adopted by their guardian. This provides stability to the child and provides the presumption that adoption is in their best interests. If the court agrees, the court terminates the rights of the biological parents and awards full legal parental rights to the guardian. The guardian becomes the child’s adoptive parent at that time.

Guardianship provides an option to parents to have someone else care for their child if they find themselves unable to. This promotes the child’s best interest, which is the main focus of the court when awarding a legal guardianship.

Adoption of Adults in California

Fri, 29 Jul 2022 20:55:53 GMT

Adoption of Adults in California

When one thinks of adoption, it is the situation of an adult parent adopting a child that typically comes to mind. However, once someone reaches adulthood, the option to be adopted remains open. This is for a variety of reasons, including legally recognizing and formalizing parent–child relationships. The process of adult adoption results in the same outcome as child adoption; however, the process is much less involved and emphasizes the parties' ability to consent to the adoption.

In the State of California, an individual is classified as an adult for the purposes of adoption once they are 18 years old. Reaching adulthood results in a different legal approach to the adoption process. The process shifts to being consent-based rather than court-decision-based. As the adult being adopted (“adoptee”) is over 18, they can consent to the adoption. This is different from when a child is adopted and the court must determine what is in the best interest of the child. Child adoptions involve much more intensive scrutiny, including a home study and assessing the suitability of the adopting parents. In adult adoptions, this is not required.

Legal Process:

As with child adoptions, when adopting an adult, legal documents and processes must still be followed. The documents required for an adult adoption in California include the Adoption Agreement, the Petition for Approval of Adoption Agreement, Spousal Consent(s) and the Order of Adoption.[1] These documents must be filled out by the appropriate parties and filed with the court.

Adoption Agreement

The Adoption Agreement states that the parties agree to the legal relationship of parent and child that is created by the adoption. This document is especially important in adult adoptions as the process is based upon the consent of the parties. This document signals to the court that the adopting parent and adoptee agree to all the duties and responsibilities this relationship creates. It ensures all parties are involved in the process and know what they are entering into.

Petition for Approval of Adoption Agreement

The adoption process is commenced in court by filing the appropriate forms. The Petition for Approval of Adoption Agreement is the formal request that asks the court to approve the Adoption Agreement. This is the document where specific details about the adoption are required. These details include the ages of the adoptive parent(s) and the age of the adoptee, the nature and length of their relationship, and the reasons the parties are seeking this adoption.

Often the reason for adult adoption is to formalize a stepparent and stepchild relationship, even though the child is now an adult. Sometimes barriers to adopting the adoptee existed when they were a child, such as a biological parent withholding consent for the adoption. Whatever the reason is for seeking the adoption, this is the document in which to explain it to the court. The Petition for Adoption is filed with the Superior Court (not the Municipal Court) and a filing fee must be paid to the court.

Spousal Consent

In adult adoptions, if either the adoptive parent or the adoptee is married at the time of the adoption, spousal consent is required. A spouse is legally required to formally consent, in writing, to the adult adoption process for the court to progress the matter. If an adoptee or adopting parent does not have a spouse, this step is not required. This step is a key difference in adult adoption when compared to child adoption, for obvious reasons. This emphasizes the importance of the consent of all parties involved in an adult adoption.

Another key difference in adult adoptions is that the consent of the biological parents is not required. As the adoptee is of legal age, it is their consent that is important in the eyes of the court. The only time when a biological parent needs to provide consent is when one of them is retaining parental rights. This often occurs in the situation of stepparent adoption, where a biological parent's spouse is the adopting parent.

Order of Adoption

Next, parties seek an Order of Adoption. Following the filing of a Petition for Adoption, the matter is added to the court's roster. This results in allocating a date for a court hearing, where a Judge assesses the Order of Adoption. The Judge ensures everything is in order and if so, approves the adoption. The Order of Adoption is the formal court order granting the adoption, which the Judge will sign. The Order of Adoption is an official legal document, similar to a birth certificate or marriage license. The Order awards the adopting parent or parents the legal relationship of parent to the adoptee. This transfers all parental duties, rights and responsibilities to the adopting parent or parents. While this transfer is the same for child and adult adoptions, the day to day practicality of the parental responsibility is reduced as the adoptee in this case is an adult and therefore able to make their own day to day choices about their welfare.

Normally, a court hearing is convened and both the adopting parent or parents and the adoptee must attend. Guests are also permitted to attend. Most Judges treat this final hearing as both a formal hearing and a celebration of adoption. Sometimes the usual court rule of no photography isbe waived, and the adopting parents and adoptee may take a photo with the Judge. Currently, due to Covid-19, courts also offer the final hearing via video link to maintain social distancing. As adult adoption is less involved than child adoption, the whole process is much faster, and can usually be completed in one to two months.

After the Order of Adoption

Once an Order of Adoption is obtained, an adoptee may wish to change their birth certificate. An adoptee needs to fill out a VS-44 document to action the change. The newly issued birth certificate reflects the new legal parent–child relationship. In California, if an adult adoptee wishes to change their birth certificate, the old certificate is sealed and a new one issued. All facts of the birth remain the same but the adopting parent's name and birthdate replaces those of the original parent or parents. Alternatively, an adoptee can keep their original birth certificate and simply have the Order of Adoption as proof of the adoption.

Adult adoption also gives an adoptee the chance to change their name, such as taking the last name of the adopting parent(s). This option is included on the VS-44 document and changes the adoptee's legal name on their newly issued birth certificate.

The adoption process for adults in California is relatively straightforward. Once the correct documentation has been obtained and submitted to the court, it is a fast process to have the Order of Adoption finalized by a Judge. One may wish to embark on the process of adult adoption for many reasons. Whatever they may be, the main takeaway from the process is that it is not too late for an adult to legally formalize a parent–child relationship through adoption.

“There’s value in everybody… Find it.”

Mon, 08 Nov 2021 21:26:00 GMT

“There’s value in everybody… Find it.”

NBA broadcaster Ernie Johnson’s son, Michael’s life reminds us that every human being is of tremendous worth and value. Be inspired to recognize that value in all those around you today:

https://www.today.com/parents/parents/nba-broadcaster-ernie-johnson-shares-late-sons-powerful-adoption-story-rcna4466?cid=sm_npd_td_fb_ma&fbclid=IwAR1Jx4gvwp6sZ578441_k_oD8uW6iUttJZZ-E-Yf_GG4AdQ8-YJ9btt8CO4

Guardianship to Adoption in California

Wed, 13 Oct 2021 22:09:00 GMT

Guardianship to Adoption in California

What Are Some Reasons To Turn My Guardianship Into An Adoption?

Converting your guardianship to an adoption in California is a relatively straight-forward legal process. There may be several reasons to turn your guardianship into an adoption. First, even though a legal guardianship gives full legal custody to the guardian, there are some restrictions, such as obtaining the court’s permission to move out of state and notifying the parents of any moves within the state. Guardians may also worry that the parents or another family member will try to terminate the guardianship by taking them back to court. Even though terminating a guardianship requires either all parties to agree to do so or a court order after finding that termination is in the child’s best interests, the thought of being taken back to court is understandably discouraging. Adoption offers security to both the child and the guardian that their home will not be disrupted.

How Long Do I Have To Be A Guardian Before I Can Adopt?

Knowing how long you have to be a guardian before filing for adoption in California can be tricky and legal advice is probably necessary. Generally, you have to have been a child’s legal guardian for at least one year before you can file to adopt the child. However, if the child has been legally abandoned you may only need to wait six months. In some situations, though, it is best to wait two years after being appointed guardian before filing for adoption, because the law allows a court to terminate parental rights based on CA Probate Code section 1516.5, which basically says that if the child has been in the physical custody of the guardian for at least two years, the court can terminate parental rights if it finds that “the child would benefit from being adopted by his or her guardian,” when considering the child’s best interests. The attorneys at Adoption Law Group can advise you on when the timing is best to file for adoption, given your particular circumstances.

What Steps Do I Take To Turn The Guardianship Into An Adoption?

After filing the Adoption Request, the State Department of Social Services or the designated county agency will conduct an investigation of you and your home to recommend to the court whether the adoption should be granted. The home investigation involve background checks of all adult members of the home, a detailed interview with all of the parties, including the child, lots of paperwork, and a home visit. The fee for the investigation is typically $4,500 but may be reduced for financial hardship. Parents will either need to consent to the adoption or their rights will need to be terminated by the Court. As part of the adoption, the guardians may change the child’s name and a new birth certificate will be issued after finalization.

Adoption Law Group offers a free, twenty-minute consultation to discuss the best approach to converting your guardianship into an adoption.

PASS THE ADOPTEE CITIZENSHIP ACT OF 2019

Wed, 23 Sep 2020 23:29:00 GMT

Pass The Adoptee Citizenship Act of 2019

Their family, their friends, their community is here. Their citizenship should be, too.

Tell Congress to close the loophole and pass the Adoptee Citizenship Act of 2019 before it expires!
Through no fault of their own, some people who were adopted internationally by U.S. citizen parents still lack U.S. citizenship today. As a result, these individuals have had to endure numerous problems including difficulty attending college, accessing banking services, or starting their careers. Without their rightful citizenship, they are unable to vote or access critical government supports and services such as the unemployment benefits that helped so many families during this time of financial crisis. Today, advocates from across the country are uniting to close the loopholes and secure permanent citizenshipt for adoptees by urging Congress to pass the Adoptee Citizenship Act before it expires.

TAKE ACTION

Don’t wait! We need to show congress widespread, nationwide support to ensure this legislation passes this year so that adoptees can have access to the benefits of citizenship they rightfully deserve.

Adoption Without Parental Consent

Wed, 22 Apr 2020 20:18:00 GMT

Adoption Without Parental Consent

Is it possible to complete an adoption without parental consent? The answer depends upon what type of adoption we’re talking about and of course the unique circumstances of each case. In a CA stepparent adoption, the custodial parent whose spouse is trying to adopt generally must prove that the other parent “has left the child in the care and custody of the other parent for a period of one year without any provision for the child’s support, or without communication from the parent, with the intent on the part of the parent to abandon the child.” (Ca Family Code §7822). This is often referred to as “abandonment.” A parent doesn’t need to have declared their intent to abandon the child and may not even have subjectively wanted to, as case law indicates that the court will look both at their subjective intent and their objective intent, as demonstrated by their actions. The court may also choose to ignore “token” communication and support.

In a relative or other type of independent adoption, abandonment may also be used to terminate one or both parents’ parental rights. However, the party seeking to adoption must have a right to file for adoption (“standing”). Persons who may file to adopt include: someone who has been named in an Adoption Placement Agreement by at least one parent, a child’s relative, including step-relatives, someone designated in a parent’s will to adopt, or the child’s legal guardian. In non-relative situations, it may be necessary for prospective adoptive parents to first obtain guardianship of the child before pursuing adoption. Waiting periods for filing for adoption after being appointed guardian vary based on the circumstances of the case (Ca Family Code §8802). Once prospective adoptive parents have been guardians for two years, a presumption arises that adoption is in the child’s best interests, so an abandonment action may not be necessary to terminate a parent’s rights. ALG attorneys offer a free twenty-minute consultation to speak with you about your unique situation and evaluate whether adoption without parental consent is a viable option in your case.

How Much is a Stepparent Adoption?

Mon, 20 Apr 2020 16:42:00 GMT

How Much is a Stepparent Adoption?

A quick review of websites advertising stepparent adoption reveals that most attorneys or document preparation services who advertise their prices offer a low “flat fee” for most stepparent adoptions. It’s important to remember that the fee listed is most likely just for an uncontested adoption, where the non-custodial parent can both be located and is willing to sign a consent to the adoption. In those cases, the only other costs in addition to the attorneys’ fees is the mandatory stepparent investigation (In California it’s currently $700.00 in most counties) and the filing fee (in most California counties the court filing fee is currently $20.00; in Los Angeles County it’s an outrageous $160.00). Since the consent form may have to be notarized or signed in front of an agency representative, there may be the cost of paying for the consenting parent’s costs to have it notarized as well.

In many, if not most, cases however, the non-custodial parent either has been gone so long that they can’t be found easily if at all or they are unwilling to sign a consent. The unwillingness to sign a consent doesn’t necessarily mean that they are going to fight the adoption (most don’t), but just that they don’t want to actively cooperate. It’s at this point that prices vary widely and that you will almost certainly need an attorney, not just a document preparation service or paralegal, to represent you in your efforts to have the court terminate the non-custodial parent’s parental rights. Many attorneys charge hourly for these services and bills can easily be very high very quickly. At Adoption Law Group, we offer flat fees for termination actions as well, so you can have a fairly good idea of how much our fees might be before you start the process. If a non-custodial parent actually shows up at the first hearing to contest the adoption, we then reevaluate your case with you. At that time, you can choose to either hire an attorney who specializes in litigation, since we do not, or, in the case of clear-cut cases requiring little litigation, you have the option to execute a new, hourly fee agreement with us. In all cases, we seek to be totally upfront about anticipated costs. Our sincere belief is that finances should not be a barrier to successful adoption!

Getting Guardianship of a Child

Thu, 09 Apr 2020 20:34:00 GMT

Getting Guardianship of a Child

Guardianship is intended to be a temporary solution for families who find themselves unable to care for a minor child, either due to medical, financial, or some other hardship. A guardianship puts the parents’ rights on hold and gives rights to the guardian (like the right to make health care decisions, education decisions, choose where the child will live, put them on medical insurance, etc.). There are other ways to accomplish this in some cases (like through a Power of Attorney executed by the parents), but a guardianship is a more long-term solution and creates more stability regarding the custody of the child. Ideally, a parent who realizes that they are no longer in a position to care for their child will nominate a friend or family member to serve as their child’s guardian. The process is much simpler when one or both parents willingly participate in the it. In that case, there are still an incredible amount of forms for the guardian to file with the court, but, if the parent or parents are in agreement, the court is likely to grant the guardianship at the first court hearing. Prior to the hearing, some counties will conduct an investigation of the proposed guardian. Others will wait until after the first hearing and only order an investigation if someone is contesting the guardianship. In all cases, certain people have to get notice of the proposed guardianship. Those people are generally the parents, the grandparents, and siblings of the child (or the people the siblings are living with if the siblings aren’t adults yet).

If one or both parents contest the guardianship, an investigation will definitely be required, and in many counties the court will appoint an attorney to represent the best interests of the child as well. These can be very difficult cases where the guidance of an attorney becomes very useful. Generally, the court will not order a guardianship under California law over the objections of a parent unless it finds that custody to the parents would be “detrimental” to the child. This can be a tricky argument to make, as a court has the discretion to refer such cases to the dependency/foster care system rather than make this decision itself. Usually, courts will refer the parties in contested cases to mandatory court mediation to try to come up with a plan that everyone is comfortable with. Mediation can often result in a child-centered plan that meets everyone’s needs.

Click here to see our Guardianship Overview page

Adopting During Covid-19

Mon, 06 Apr 2020 19:49:00 GMT

Adopting During Covid-19

We are all trying to navigate these very strange times and it’s still difficult to guess just how far-reaching the health and financial effects of Covid-19 will be. Obviously, for those waiting to bring home a child they are adopting internationally , the additional uncertainty and waiting time is incredibly disappointing. On the domestic front, tightened finances may make beginning the journey towards infant adoption for daunting; on the other hand, this is an excellent time to research options online and make phone calls to possible agencies and attorneys. We’re affiliated with AdoptMatch , an online matching service that connects expectant moms with ethical adoption professionals and their clients. AdoptMatch contains excellent articles on domestic adoption and may be an affordable way for prospective adoptive parents to begin their adoption journey.

Sadly, times like these can create emotional and financial stressors that lead more women and families seeking parenting help through adoption or guardianship. We at ALG believe strongly that finances alone should not push someone into adoption, and we seek to be a resource for moms and families struggling to come up with safe, positive solutions for their child and family. Contact us for a free consultation.

The courts are still open, on a limited basis, for filing new matters, and Adoption Law Group is open and working remotely to insure timely resolution for our clients’ matters.

Dealing With an Out-of-Country Birth Father

Thu, 05 Mar 2020 19:46:00 GMT

Dealing With an Out-of-Country Birth Father

In California stepparent adoptions, a very common concern is whether it’s possible to proceed with the adoption when the birth father is no longer in the country and either cannot be found or will not consent to the adoption. The short answer is yes, most likely. Whether the father was deported or has left the United States voluntarily does not matter. What matters is where the child is, where the act that is the basis of terminating his rights occurred, and what kind of father he is. California law generally divides fathers into two categories: presumed and alleged. Very generally speaking, a presumed father is one who either: was married to the mother at the time of conception or following, or is named on the child’s birth certificate, or has executed a Voluntary Declaration of Paternity or has been decreed a father through court action, or has held the child out to the world as his own and supported the child. Occasionally, a father may rise to the level of presumed father if he has made active efforts to step up and parent the child. An alleged father, on the other hand, does not meet any of those criteria.

If a father is presumed, he will either need to consent to the adoption or his rights need to be terminated through an abandonment action. When the father is out of the country, serving him with notice can be challenging and it will be important to have an attorney guiding you through the process. Some countries are members of the Hague Convention on Service and process service, if you know the man’s address, must go through that country’s government. If the country is not part of the convention, you will need to serve the father in accordance with California law (personal service if possible). The basis for having “jurisdiction” over the father, even though he is in another country, comes from the fact that the child is in California and/or that the act of abandonment happened in California. Sometimes friends or family members are able to serve the father for you. If not, hiring a process server is an option, albeit often an expensive one. If you can’t locate the father (Adoption Law Group helps in efforts to find him), you will need to prove to the court that you tried diligently to locate him and then request permission to publish a legal notice of the adoption action in a newspaper most likely for him to see. The process can be lengthy, but it is certainly doable.

When a father is alleged, he can either consent to the adoption or will need to be served with a notice warning him that he has thirty days to file a paternity action or his rights will be terminated. Finding and serving him with that notice follows most of the same rules as for presumed fathers, except service by publication is not necessary, once you prove to the court that you have made a good effort to find the father.

If the father, whether presumed or alleged, is willing to consent to the adoption, he can sign a California form, but will need to have it notarized in accordance with the laws of his country (often requiring a signature at the consulate).

While terminating the rights of a father out of the country can certainly sound daunting, the process is not really as bad as some would have you believe and should not prevent you from finalizing your family through adoption.

Do I need a lawyer to adopt my stepchild in California?

Tue, 25 Feb 2020 22:04:00 GMT

Do I need a lawyer to adopt my stepchild in California?

Whether or not you need an attorney to adopt your stepchild in California depends on several factors. Since we’re adoption attorneys, it’s tempting to say, “of course!” but we also want everyone, regardless of income, to have access to adoption, so here’s the honest answer:

If the biological parent who is no longer involved in the child’s life is either deceased or willing to sign a consent to the adoption, most people can complete the necessary paperwork on their own by obtaining a packet of forms from the branch of their local county superior court where adoptions are processed. It may take some trial and error to get the forms properly completed, but it’s certainly doable. Adoption Law Group’s adoption attorneys work quickly and efficiently to get your paperwork done right the first time and to make sure that it is shepherded through the investigation and finalization process smoothly and painlessly. Our flat fee pricing for these basic adoptions is an affordable way to make sure your case moves to completion rapidly.

If the biological parent either cannot be located or is unwilling to give their consent to the adoption, it will most likely be necessary to hire an adoption attorney to take the appropriate court action to terminate their parental rights. Adoption Law Group attorneys are experienced in all types of California birth parent termination actions and can give you expert guidance on how best to approach non-consenting birth parents. We offer a free consultation to discuss the particulars of your case. We are generally able to offer flat fee pricing for non-contested termination actions, ranging from $1, 650 to $3,050, depending on the circumstances. In contested situations, we charge a reasonable hourly fee for our litigation services. Our goal is always to achieve resolution in a way that best serves your child’s best interests and keeps your costs reasonable. We often step into cases that began as a do-it-yourself adoption and now require attorney services to complete the process. To book a free consultation call with one of our attorneys.

“Should I wait until we’re married to adopt my partner’s child?”

Wed, 11 Dec 2019 18:36:00 GMT

“Should I wait until we’re married to adopt my partner’s child?”

The Difference Between Stepparent and Second Parent Adoptions in California

We routinely consult with potential clients who are in committed relationships and know they want to adopt their partner’s child but aren’t sure if they have to wait until they get married or not. The basic answer is no. In California, an unmarried person may adopt their partner’s child through a process known as “second parent adoption.” Basically, the custodial parent “places” their child for adoption with their partner but executes an addendum in which they retain their parental rights. This involves two meetings with an adoption social worker, who must give a formal advisement of rights to the placing parent. Additionally, a full home study must be completed by either the county social services agency or a private adoption agency. The investigation will include interviews in which the parties discuss the adopting parent’s relationship to the child and commitment to the family.

If you’re married, you may adopt using a simplified adoption process known as a stepparent adoption . The custodial parent simply executes one document consenting to their child’s adoption by their spouse and does not need to meet separately with an adoption social worker for an advisement of rights. The stepparent investigation is a much shorter process than the full home study required in a second parent adoption, and typically involves just one interview with the child and parents. There is no minimum amount of time you must be married before starting the process.

Comparing Second Parent and Stepparent Adoptions in California.

Process: A second parent adoption requires one additional meeting with an adoption social worker and a more extensive home study investigation than what is required for a stepparent adoption.

Time frame: A second parent adoption usually takes a little longer than a stepparent adoption, however, it can be expedited if necessary.

Cost: The homestudy investigation for a second parent adoption costs about $3,200 more than the stepparent investigation. There is also an additional cost for the adoption social worker needed in a second parent adoption of about $1,200. Legal fees for the second parent adoption are slightly higher as well, as additional documents are required.

It’s important to consider, however, that the federal Adoption Tax Credit is available for second parent adoptions and not for stepparent adoptions. So, while a second parent adoption costs significantly more initially, you may be eligible to receive much of it back in the form of a tax credit when the adoption finalizes.

ALG attorneys offer a free consultation to help you more thoroughly consider your options and decide between a second parent or stepparent adoption.

What’s the best age to tell my child that he’s adopted?

Mon, 30 Sep 2019 15:50:00 GMT

What’s the best age to tell my child that he’s adopted?

I often have conversations with adoptive parents who are struggling with when and how to tell their child he or she is adopted. Because Adoption Law Group completes lots of stepparent adoptions, many of these conversations are with moms wondering when and how and if they should tell their child that their “dad” is really their stepdad. My basic reply is always, “the sooner the better.” That’s been based both on anecdotal evidence and a quick review of articles out there on open adoption. Not to mention ancestry.com! Now, there’s strong research to support the idea that telling children that they are adopted before the age of three corelates to increased happiness and satisfaction for adoptees. A July 2019 article published in The Atlantic, discusses the recent findings of researcher Amanda Baden and her team, who conclude that “the disclosure of adoptee status after the age of 3 could have negative consequences on an adoptee’s future life satisfaction and mental health.” One possible reason posited comes from professor Denise Cuthbert, who the article quotes: “Late discovery adoptees report—amongst other things—high levels of grief and a sense of betrayal at what they perceive to be the ‘lie’ perpetrated against them.” This resonates with me on a personal level. My husband and I learned some troubling facts about my son’s adoption via email last year. I wanted to share it with him (after all, that’s what I tell everyone else to do), but wanted to be very intentional about it and was worried about the effect the disclosure might have on him. After speaking with a counselor, a few friends, and the Lord, about it, I shared the email with him. By this time, the email was about three months old. His reaction was generally positive and the only concern he expressed was when he saw the date on the initial email to me. “You’ve had this since February?!” Thankfully, he was gracious concerning my delay and chose to share his unfolding story shortly thereafter with the rest of our family.

The full text of the Atlantic article can be accessed here:

Adopting My Adult Stepchild in California

Wed, 10 Apr 2019 19:42:00 GMT

Adopting My Adult Stepchild in California

Adopting my adult stepchild in California—what happens to the biological parents’ rights?

As adult adoption lawyers at Adoption Law Group, probably the most common reason we see for adult adoption is the desire to formalize a stepparent-child relationship. Often, the adopting parent has been in the young adult’s life since their childhood but, for whatever reason, was never able to complete a stepparent adoption while the child was still a minor. The good news is that adult adoption in California is a very simple process, involving lots of paperwork, but usually not requiring notice to the biological parents.

Of course, when one of the biological parents is married to the adopting parent, that biological parent will need to consent to the adoption. For instance, if Jane and Joe are married and Joe is adopting Jane’s adult child, Jane will need to consent to the adoption. Under California law, Jane will retain her parental rights because she is married to Joe. If, however, Jane and Joe are not legally married, additional wording will be required to make sure Jane retains her parental status. The biological father’s rights, however, will be automatically terminated by operation of law as soon as the adult adoption finalizes.

It is important to work with an attorney who specializes in adult adoption from the outset to make sure that you fully understand the effect of the adoption on biological parents’ rights and the possible impact that can have on inheritance and other rights. Sometimes, an adult child wants her biological parents to retain their rights. That is a possibility which Adoption Law Group can guide you through. Another issue is whether or not the adult adoptee wants a new birth certificate issued with the adopting parent on it. In California, it is even sometimes possible to list three (or more!) parents on the new birth certificate. An attorney at Adoption Law Group would be happy to speak to you about the specifics of your situation and guide you through the adult adoption process in your county.

Honoring Your Child’s First Family

Mon, 20 Aug 2018 19:43:00 GMT

Honoring Your Child’s First Family

Honor: to regard with high respect.

Honor is a scarce commodity these days. As Americans, we honor very little. We laugh at SNL skits mocking our leaders, attend church services with Starbucks in hand, and give our dads Father’s Day cards about beer and farts. When I think about who or what I “regard with high respect,” very little comes immediately to mind. In struggling to write this, a picture of honor does emerge. My husband travelled without me to pick up our son from Ethiopia (I was home with our first three children). While there, he had the unexpected occasion to meet our son’s birth father. The agency in the capital had arranged it. Our son’s mother was dead, but his father was living in a very remote, rural region of the country. Travelling with an interpreter, my husband and an agency worker came to a prearranged meeting place with Mr. M—–. My husband was haggard from travel and the wear of meeting our new, terrified four-year-old for the first time and was surprised by this unexpected meeting, sprung on him in-country. Thinking of his description of the meeting tears me up now, eight years later. Mr. M——- arrived, very bright and deferential, wearing an ill-fitting formal men’s suit, every button buttoned. He was there to honor my husband. Through the interpreter, he told my husband of his wife’s death when his son was two months old, his struggle to parent him, his despair when the child’s sickness wouldn’t stop, his prayer that his boy would be taken to America, his dream that he would one day pilot an airplane. He told of giving his son to the traveling aid worker going through their village. He told of his dead wife, that she had been the strong one in the village, the one who helped others when they were sick, and then how she had a bad headache from which she didn’t recover. That was all. The meeting was short. My husband was so humbled. Humbled by the buttoned suit, humbled by the great responsibility that had just been entrusted to him. My husband and I honor Mr. M——–. I don’t want our son to ever think that his Ethiopian dad “gave him away” because he was too weak, or too unloving to care for him. I want him to know that he comes from a brave man who put his own feelings aside for the good of his son. I don’t want him to think of his Ethiopian mom as a starving woman on a UNICEF poster. I want him to think of her as the strong one who helped others in the village. I want these things because they’re true and also because I see how fragile my son’s identity is. Without expressing it articulately, I see that he wonders why his family couldn’t take care of him. Why does he have to be the one to whom school friends say, “You’re adopted. That’s so sad.”? I know that much of his identity formation will come not just from us, but from the fantasies he has, whether consciously or not, of who and where he comes from.

Certainly, there are many birth families who may present as much more difficult to honor. The birth mom whose child was detained by social services at birth because the baby was born addicted to methamphetamine. The mom who has lost her other children to the system already. The father who simply disappeared. You don’t need to, nor should you, lie to your child. But you do owe it to your child to help them understand that their parents are more than their bad choices. You have a responsibility to seek out positive information about your child’s birth parents. Maybe the meth addict has an incredible heart for animals. Maybe she knew she was broken, but made a choice to place because it was so important to her that her child be raised by a mom and a dad, which she didn’t have. Find something positive. Your child will, at some point, fantasize about their birth family. Help them frame their birth parents in a positive light. They hear people tell their friends all the time that “you look like your dad,” or “you laugh just like your mom.” They don’t get to hear that. But if you have met or keep in contact with their birth families, you could give them that gift.

Make sure that you give your child opportunities to ask about his birth family. Remember that, as a child grows, new questions will emerge. Be sensitive to those times and be prepared to answer your child’s questions honestly, but with love. Plan in advance what you can share that is positive about his family. If you have an open adoption agreement, make sure that you keep it. It’s important for your child to see you honoring their birth parents as well. Be careful of anything you say about them that may be overheard. If you don’t have an open adoption agreement, be sensitive to your child’s needs and interests concerning their roots. If they indicate interest in pursuing a relationship, help them do that, even if you’re not obligated to.

Ultimately, honoring your child’s birth family is really about helping your child honor his birth family in his heart and mind. In doing so, he will be building more positive feelings towards them, his adoption, and himself.

Should Lawmakers Save the Adoption Tax Credit?

Tue, 07 Nov 2017 18:21:00 GMT

Should Lawmakers Save the Adoption Tax Credit?

When conservatives like Russell Moore, President of the Southern Baptist’s Ethics and Religious Liberty Commission, and Jim Dailey, President of Focus on the Family, go on record against a provision of the GOP’s tax plan, I take note. The House plan, unveiled last Thursday, would eliminate the Adoption Tax Credit. I’ve always wondered whether the credit, with it’s $13,000 credit for qualifying adoption expenses, might have the unintended consequence of raising the cost of adoption. But that’s not the argument that the bill’s architect, Kevin Brady, makes in defending the GOP plan to end the credit. Check out this article, describing the credit and its effect, to read his unconvincing analysis: http://www.cnn.com/2017/11/07/health/adoption-tax-credit-families/index.html .

Child Citizenship Act of 2000 and Readoption

Fri, 06 Oct 2017 21:03:00 GMT

Child Citizenship Act of 2000 and Readoption

“Do I need to readopt my child before applying for her citizenship under the Child Citizenship Act?”

A common question we hear is, “Do I have to readopt my internationally adopted child in the U.S. in order for them to get citizenship?” The answer is that it depends on what type of Visa your child received when coming to the United States. IH visas are for children coming from Hague Convention countries and IR Visas are for children coming from non-convention countries. The crucial distinction, though, is the number. For IR-3 and IH-3 Visas, a child automatically acquires citizenship upon admission to the U.S., provided they are under eighteen. They should be mailed their Certificate of Citizenship within 45 days. If they do not receive the C o C within 45 days, parents should contact USCIS at 800-375-5283.

Children arriving with an IR-4 or IH-4 Visa do not acquire automatic citizenship upon entry but are permanent residents until they apply for proof of their U.S. citizenship. Their citizenship is automatic on the date of their “full and final adoption decree in the U.S.,” but they must still apply for a Certificate of Citizenship. The process of applying for a Certificate of Citizenship is very simple, but most often does require proof of the child’s readoption in the United States. The readoption must be completed in your state of residence. In California, the requirements for an international adoption vary based on whether or not the child’s adoption was finalized in their birth country before entry to America. After mailing all of your documentation and the required fee, there is about a four month wait period before the swearing-in ceremony. Currently, the cost of filing the required N-600 form is $1,170.00.

It is vital that the readoption of a child with an IR-4 or IH-4 Visa be completed prior to the child’s eighteenth birthday. Families often don’t recognize the need for the Certificate of Citizenship until their child is a teen and begins applying for things like college financial aid and scholarships, a driver’s license, or a passport. It’s very common for parents to panic when their child is approaching 18 and they are suddenly realizing that their child’s citizenship status was not automatic. It’s possible to expedite the readoption process in these cases and Adoption Law Group is ready to help. For cases in which the child is now over 18, an adult adoption may be a possibility, but consultation with an immigration attorney, in addition to an adoption attorney, is highly recommended.

Adult Adoption in California

Tue, 26 Sep 2017 17:42:00 GMT

Adult Adoption in California

Does Race Matter in Adoption?

Tue, 26 Sep 2017 17:11:00 GMT

Does Race Matter in Adoption?

“Race matters in adoption because race matters in America.” —Twila L. Perry

As a white mom with two black kids, I reluctantly agree with that statement. I’d prefer it not to be true and frankly, living in a mixed, working class neighborhood in Los Angeles, haven’t really experienced much, if any, significant challenges related to race and my children (my daughter is in her twenties and my son on the verge of adolescence). I think the same is true for my children, though both would say that they are aware of being black in a white household and that peers, both black and white, have asked them about it. Our color difference certainly highlights the fact that they are adopted, which can be emotionally draining for them. In 2014, the Donaldson Institute published its findings on the effect of interracial adoption in the foster care context (which I believe is relevant to international and independent adoptions as well). The three main conclusions were these:

1. Transracial adoption in itself does not produce psychological or social maladjustment problems in children.

2. Transracially adopted children and their families face a range of challenges, and the manner in which parents handle them facilitates or hinders children’s development.

3. Children in foster care come to adoption with many risk factors that pose challenges for healthy development. For these children, research points to the importance of adoptive placements with families who can address their individual issues and maximize their opportunity to develop to their fullest potential.

So, the onus is on parents to effectively help their children navigate the challenges of living in a transracial family as an adopted child. In our family, the main issue that seems to emerge is that of identity formation. What does it mean to be “black” in America? The question seems more difficult for the African American male than female, though I know she has certain stereotypes that she must accept or challenge as well. I think, though, that is an issue for all African Americans, whether adopted or not. The challenge as a white parent is that we are not able to ourselves model what it looks like. Rather, the best we can do is impart to our children the values that are central to us and to our belief system and then try to connect them with role models who look more like them and who share those values.

An Honest Perspective: The Blessings and Challenges of Adoption

Wed, 03 May 2017 23:29:00 GMT

An Honest Perspective: The Blessings and Challenges of Adoption

As an attorney who focuses her practice on adoption law and a mother of six, including two adopted children, it can be hard to talk about the challenges that sometimes arise in a foster adoption or international adoption. On the one hand, not talking about the ongoing challenges of bringing a child into your family and home, even as an infant, can leave adoptive parents unprepared for those challenges when they arise and, worse yet, give them the false impression that this is something only they are experiencing, when in reality these challenges are widespread. But on the other hand, there is admittedly a fear that discussing these challenges will somehow detract from the wonderful, absolutely life-changing blessings that come with adopting a child, and cause adoptive parents to unnecessarily fear that they will not have the community and resources to handle these challenges when they do occur.

Resources for Adoptive Parents

This tension was brought into focus for me recently in listening to a fantastic episode of the Family Life Podcast entitled “ Challenges of Adoption ” which paints a painfully honest picture of the tests that adoptive parents will face while at the same time encouraging adoptive parents in their journey by describing the joy of adoption and pointing them to resources to help along the way. In the podcast episode, Paul and Robin Pennington, parents of six children (five by adoption and one by birth), discuss their personal experience with adoption as well as their ministry called Hope for Orphans which provides resources to churches, families, and agencies in the world of older-child adoption. They also highlight their new online training course, Rooted , which they developed over 20 years and includes a variety of professional speakers who address parenting skills specific to adoptive families.

“One Thousand Times Out of One Thousand Times…”

In hearing the Penningtons tell their story, I can absolutely share the sentiment expressed by Family Life host Dennis Rainey regarding his family’s adoption: ” I promise you—both Barbara and I , if we had it to do all over again, it would be one thousand times out of one thousand times; okay? But you need resources that help you understand what’s taking place, because it’s not as simple as you may think it is. It’s why Hope for Orphans exists.”

I’m glad Hope for Orphans and the Rooted series exists, and my hope is that more adoptive parents find their way to resources like these.

Adoption Law Group is a law firm in Southern California dedicated exclusively to adoption. Contact us today to schedule a consultation.

What is the Difference Between Being a Guardian and Foster Parent in CA?

Tue, 21 Mar 2017 12:00:00 GMT

What is the Difference Between Being a Guardian and Foster Parent in CA?

Any way you look at it, the number of children in Los Angeles County without a stable home to call their own is staggering. The foster care program serves nearly 30,000 youth in Los Angeles County alone, and many of those youth face incredible challenges in getting the education and care they need to avoid the threats of persistent poverty, teenage pregnancy, and abuse. There are several ways that caring adults can do their part to help a child in need of loving care, and these include adoption, legal guardianship, or foster parenting. Below, we compare legal guardianship and foster parenting.

A Foster Parent’s Responsibilities

To become a foster parent, you must be approved by a California court to provide ongoing care for a child, and your home must be licensed or certified by the state as an appropriate foster home. A social worker will place a foster child with a foster family that the worker believes will meet the best interests of the child, but the agency handling the child’s matter will retain legal custody of the child, while the foster parent will provide day-to-day physical care.

During the time that a foster parent provides care for the child, the parent will be responsible for providing food, shelter, and care for the child, but will receive funding through the State agency to help pay these costs. The parent also has the right to make ordinary decisions regarding the child’s welfare, but does not have the full custodial rights to make decisions on certain issues, such as what medical care the child should receive or providing consent for major life decisions such as entering into marriage. In such cases, the foster agency would guide such decisions, and in all cases the agency will remain involved throughout the foster care relationship.

A Guardian’s Role

A guardian, on the other hand, does not become the legal parent of the child in perpetuity as would occur in an adoption, but does take on more responsibility for a child than occurs in a foster parent relationship. A guardian is appointed by a court directly to take care of a child on a long-term basis, but the biological parent may come back into the picture at a later time to resume the parent-child relationship (which should not occur in an adoption scenario).

In addition to providing food, shelter, and care for a child, a guardian will also exercise the same types of rights over a child’s life as would a legal parent. The guardian will decide what types of medical care the child should receive as well as make decisions regarding the child’s educational needs. A guardian can also move with a child to a different location (provided notice is given), and can move out of state with permission of the court. A guardian can also provide consent for the child to obtain a driver’s license, join the armed forces, or get married, among other major life decisions.

Depending upon the situation, funding is available for adults who decide to become a guardian of a child – and it is possible for a foster parent to become the guardian of a child – but it is highly advised to work with an adoption attorney to secure the necessary funding before any steps are taken to become a child’s legal guardian.

Experienced Attorneys for Your California Stepparent Adoption

Adoption Law Group is a law firm in Southern California dedicated exclusively to adoption. Our areas of practice include stepparent adoptions , fost-adopt finalizations, agency-assisted adoption finalizations, adult adoptions, guardianships and international readoptions. Contact us today to schedule a consultation.

Can I Adopt a Partner’s Child if We Are Unmarried?

Thu, 16 Mar 2017 20:56:00 GMT

Can I Adopt a Partner’s Child if We Are Unmarried?

California has long recognized the right of a stepparent to adopt the biological child of his or her spouse through a stepparent adoption, which terminates the parental rights of the other biological parent, which is often an ex-spouse of the parent retaining custody. But, like other states, California has also allowed adults who are unmarried but in a relationship with a biological parent to adopt that parent’s child through what is called a “second parent adoption.”

What is a Second Parent Adoption?

In a typical adoption situation where a child is in the foster care system or has otherwise been put up for adoption, the adoptive parent or parents become the sole parents of that child with full custodial rights. But in a stepparent or second parent adoption, the child already has at least one parent with legal custody of the child, and the second parent joins that first parent in having full custody of the child, with the rights and obligations in raising the child equally divided between the two parents.

The key difference, however, is that while a stepparent adoption involves a biological parent (or other legal parent of a child) who is married to a spouse who is seeking to become the adopted parent of the child, a second parent adoption involves a parent with legal custody and another adult who is not married to that parent. The adults may not be married for any number of reasons; for example, they may be planning to get married at a future date or are otherwise unable or unwilling to get married to one another.

Steps in Seeking a Second Parent Adoption

Again, California is among the states that do allow a second parent adoption, and the procedure is similar to that involved in a stepparent, but with some added steps and costs.

To begin the second parent adoption process, the second parent will petition the court for the adoption. A home study will then be done, which involves a social worker, investigator, or other appointee of the court who will visit with the child and the would-be adopting parent to assess the adult’s background along with willingness and resources to provide care for the child. This home study can involve a number of interactions, including visits to the home to determine whether it is safe and comfortable for a child and interviews with the adopting parent. The main difference between a home study involving a second parent and a stepparent is that the second parent home study process is more involved, and can cost around $3,000 more, as the court wants to take additional steps to ensure the child will be cared for in the absence of a marriage commitment between the parent and the second parent.

As in a stepparent adoption, a second parent may also need to take steps to terminate the rights of the other biological parent, which can be done if that other parent provides consent to the termination (which will both end his or her parental obligations to provide support as well as the right to have custody or visit the child) or through a court determining that a termination would be in the best interests of a child.

An experienced adoption attorney can provide you further guidance with regard to your circumstances in a proposed second parent adoption.

Experienced Attorneys for Your California Stepparent Adoption

How Long Does a Stepparent Need to Live With a Child Before Adopting?

Wed, 08 Mar 2017 00:12:00 GMT

How Long Does a Stepparent Need to Live With a Child Before Adopting?

A common question that we frequently receive is whether there is a certain time requirement that must be met for a stepparent and child to live together in California before the state courts will approve a stepparent adoption of that child. The short answer is that there is no time requirement for a stepparent and child to live together before an adoption will be approved, meaning that, at least in theory, you can begin stepparent adoption proceedings at any time. That said, in every stepparent adoption matter the court will examine the totality of the circumstances regarding the adoption of the child in determining whether to approve the adoption, and the length of time that the child has lived with the stepparent may be one factor analyzed in that process.

How Stepparent Adoptions Are Approved in California

If you are not the biological parent of a child and were not married to the child’s biological parent when the child was born but would like to adopt the child, there are a few specific procedures that must be followed before the adoption will be approved. One key aspect of the stepparent adoption process is that a court investigator will meet with you and review your proposed adoption situation.

This investigator may work directly for the court or be a licensed social worker or licensed family therapist. The investigator’s job is to collect relevant information about the parent, stepparent, child, and other issues related to the proposed arrangement and present a report to the court which will make the final decision on the adoption, informed by the contents of the investigator’s report. In general, the investigator is tasked with determining whether a stepparent adoption would be in the best interests of the child.

Again, there is no minimum time requirement for a stepparent and child to live together before a recommendation or order will be made in favor of adoption. While some California county family courts indicate that there is a preference for the parents to have been married for a specified period of time (e.g. 1 year), it is important to remember that this is not a mandatory requirement in any county and each case will be evaluated on its own unique circumstances.

An experienced adoption attorney can provide you with further counsel on how a family law court will evaluate your particular situation.

Experienced Attorneys for Your California Stepparent Adoption

Adoption Law Group is a law firm in Southern California dedicated exclusively to adoption.

Our areas of practice include stepparent adoptions , fost-adopt finalizations, agency-assisted adoption finalizations, adult adoptions, guardianships and international readoptions. Contact us today to schedule a consultation.

Does a Parent Have a Right to Visitation for a Child in a CA Guardianship?

Tue, 07 Mar 2017 17:20:00 GMT

Does a Parent Have a Right to Visitation for a Child in a CA Guardianship?

When a California court appoints a guardian to care for a child, usually one of two things has happened. Either the parent has come to the conclusion that he or she is unable to properly provide for the child, at least temporarily, due to health issues, incarceration, substance abuse, or some other issue, or the court has imposed a guardianship upon the parent-child relationship. In either case, a guardianship will mean that the parent’s rights are at least temporarily suspended and that another adult such as family member will take legal custody of the child for some period of time. But this is different than the termination of all parental rights as happens in an adoption. A parent may eventually seek to regain custody of a child that has been placed in a guardianship, but, in the meantime, that parent may also seek court-ordered visitation with the child.

How a Court Decides to Award Visitation in California

Courts across California overseeing guardianships may have somewhat different procedures for dealing with visitation by county, but, ultimately, the question of what type of visitation arrangement, if any, should be imposed on a guardianship is to be determined based on the best interests of the child. In other words, in deciding whether visitation is required and what form it should take, the court is concerned not with the interests of the guardian or the parent per se , but instead on whether visitation would be in the best interests of the child.

Analyzing the Best Interests of the Child

In making this visitation determination, a court will consider a number of factors, including whether visitation would promote stability in the child’s life and any potential dangers to the child’s health and safety that would be caused by visitation. In general, California courts consider ongoing contract between a child and his or her parents to be in the best interests of the child, but, if visitation would pose a potential threat to the child’s well-being due to concerns over domestic abuse or substance abuse, the court may decline to award visitation or may require that visitation be supervised.

A court may also place discretion with the guardian to decide whether visitation should occur and under what conditions. An adoption/guardianship attorney can provide you with further legal guidance and strategies on how best to approach questions relating to visitation in a California guardianship.

Experienced Attorneys for Your California Guardianship or Adoption

Adoption Law Group is a law firm in Southern California dedicated exclusively to adoption.

What Are the Legal Differences Between a Guardianship and an Adoption in CA?

Mon, 27 Feb 2017 18:54:00 GMT

What Are the Legal Differences Between a Guardianship and an Adoption in CA?

While we often picture adoptions as the unification of parents with a child they had not previously known (such as through an international adoption), the fact of the matter is that many adoptions occur where an adult or married couple seeks to care for a child that may already be in their life, whether as a family member, child of a friend, or through some other social or charitable network. In such cases, a probate guardianship is often the legal solution that the adults initially obtain to legally take care of the child, and a guardianship can eventually lead to an adoption. Below we discuss a few of the primary differences between a probate guardianship and an adoption in California.

Guardians Do Not Have Primary Financial Responsibility for the Child

When you adopt a child, you are considered financially responsible for that child, therefore you must provide for their needs, and, should you become divorced from the other parent at some point, you may be required to pay child support. In a guardianship, the parent remains financially responsible for the child.

That said, many parents of those children placed in a guardianship lack the financial resources or dependency to make such provisions, and thus it can often fall to the guardian to make financial provisions for the child through carrying out the duties of caring for the child. A number of financial resources, however, may be available to the guardian and/or the child, including foster care benefits, Kin-Gap, Cal-Works, Social Security, Department of Veterans Affairs, and Medi-Cal benefits.

Guardians Will Be Supervised by the California Courts

Once an adoption is finalized, the adoptive parents and child will, like other families, not be subject to ongoing supervision by the courts. But with a guardianship, a California court will continue to oversee the guardian-child relationship to make sure the child’s needs are being met via the guardianship. This includes a yearly status report made by the guardian to the court, as well as meeting with court investigators and social workers as deemed necessary by the court. A court can also impose conditions or requirements on a guardian to meet a child’s needs.

Biological Parents Can Seek to Reassert their Parental Rights by Terminating a Guardianship

In an adoption, the birth parent’s rights to parent the child are terminated and will remain so. In a guardianship, however, the biological parents’ rights are not terminated, and thus that parent may seek to later reestablish his or her full rights as a parent. Guardians seeking to assume full parental rights for a child, however, may seek to convert the guardianship into an adoption by claiming abandonment of the child by the biological parents (typically after at least two years of being the child’s guardian).

Biological Parents May Have Visitation and Contact Rights in Either an Adoption or a Guardianship

In an Adoption, the parties may agree to a “Post Adoption Contact Agreement,” which is a legally enforceable documents in which the parties agree to a set amount of contact between the biological parents and the child. A similar agreement can be incorporated into a guardianship. In each case, failure to abide by the agreement does not undo the adoption or the guardianship, but the aggrieved party does have a right to ask the Court to order the other party to honor their agreement.

Experienced Attorneys for Your California Guardianship or Adoption

How Much Does it Cost to Adopt a Foster Child in California?

Tue, 07 Feb 2017 17:37:00 GMT

How Much Does it Cost to Adopt a Foster Child in California?

Adopting a foster child is one of the most wonderful and impactful ways that you can make a difference not only in a child’s life, but your life as well. At Adoption Law Group in Pasadena, our California adoption attorneys have finalized hundreds of foster care adoptions , while also insuring that foster parents receive appropriate Adoption Assistance funding from the State. We understand that the foster parenting journey is often a grueling one, and at Adoption Law Group, we are committed to helping your case finalize as quickly and efficiently as possible.

Flat-Fee Adoption Pricing to Fit Your Budget

At Adoption Law Group, our primary motivation is helping children find loving permanence. Once your foster case is ready for finalization, we are here to get it to the final hearing as quickly as possible, without breaking your bank. Thus, we are pleased to be able to offer a flat-fee rate of $700 for a foster care adoption finalization, which includes all necessary communication with DCFS personnel, review of your AAP rate, preparation and filing of all documents and appearing with you at the finalization hearing before the judge.

Fortunately, you can recover much of the above charges from your California county which will reimburse for up to $400 in legal fees incurred with respect to your foster care adoption. The entire process for a foster care adoption in California generally takes around three months.

You Will Be Entitled to Adoptions Assistance Program Funding Post-Adoption

One important point to keep in mind when considering the costs of adopting a foster child in California is that, as an adoptive parent, you will still be entitled to receive payments through the Adoptions Assistance Program (AAP) even after the adoption is finalized. This funding will continue until the child reaches the age of 18 or 19 and graduates from high school.

That said, it is important to make sure that you have established the proper funding rate with the state prior to the adoption, as changing the rate after the adoption is finalized becomes significantly more difficult. Our experienced adoption attorneys will walk you through this process to make sure you are properly reimbursed.

Experienced Attorneys for Your California Fost-Adoption

Adoption Law Group is a law firm in Southern California dedicated exclusively to adoption.

The Readoption Process in California

Tue, 07 Feb 2017 17:34:00 GMT

The Readoption Process in California

If you have adopted a child from another country in conformity with that country’s adoption laws, then the heavy lifting of the legal steps involved in the adoption is done, but to fully protect your child and your relationship with him or her, completing the process of readoption in California is highly recommended. Fortunately, the process of readoption in California will almost certainly be more simple than the adoption process itself, and low-priced flat-fee legal services are available to make this process as smooth as possible.

Why is Readoption Important?

Although your adoption of your child pursuant to another country’s laws finalizes the adoption with respect to that country’s jurisdiction, readoption in the United States will ensure that you and your child enjoy all the benefits of the parent-child relationship in all 50 states with respect to issues such as immigration, inheritance, and other issues. With a readoption, your child will receive a US birth certificate, and your status as the parent of child will be recognized in every state you may ever reside or be present in and will mitigate concerns related to the child’s immigration status.

Readopting in California

The process for obtaining a readoption in California, which will be recognized by all 50 states, includes:
Preparing a California Adoption Request and filing it with the proper court. In filing the request, you will need to collect and provide supporting documents, including immigration documentation; certified, translated copies of the foreign adoption decrees; a birth certificate from the child’s home country; and any other required documents.
A post-placement visit to your home by a California homestudy agency. This can be one visit, although there may be up to four visits.

A report drawn up by the California homestudy agency following the post-placement visit(s) which will then be filed with the court. This report will assess the child, the adoptive parents, information on the child’s background such as birth parents and whether the foreign adoption was legally conducted, and provide a recommendation for or against readoption in California.

Following the submission of the report, a finalization hearing with the judge who will review the report and your submission and make the decision on whether to approve the readoption.

Flat-Fee Readoption Legal Services in California

The Adoption Law Group in Pasadena, California is dedicated exclusively to providing legal services that help parents and adoptive children come together through the adoption process. Contact us today to schedule a consultation regarding the readoption process in California.

3 Benefits of Adopting Your Stepchildren

Mon, 09 Jan 2017 17:41:00 GMT

3 Benefits of Adopting Your Stepchildren

Adopting a stepchild is a voluntary act, and not all stepparents adopt their spouse’s children, but doing so can bring about some extraordinary benefits in the lives of the stepchild, the stepparent, and the spouse of the stepparent. Here are three primary benefits of adopting your stepchild .

You Will Have the Right to Make Decisions and Be Involved in Your Stepchild’s Life

If you are a stepparent of a child but have not adopted the child, then you are not considered the legal parent of that child. This means you do not have the legal rights and responsibilities associated with being a parent of the child, such as being able to take part in decisions relating to that child’s welfare or upbringing. Furthermore, the child’s other biological parent (not the one you are married to) may indeed have some rights with regard to important decisions on the child’s behalf that you do not, such as taking part in making educational, medical, and religious decisions. You may also lack the ability to do things such as visit the child in a hospital or accompany the child to certain places if you are not an adoptive parent.

Finally, if your marriage ends or your spouse dies or becomes incapacitated, without an adoption you may no longer have any right to be involved in the child’s life and full custody may go to the spouse, the other biological parent, or even a grandparent instead. By taking steps now to adopt a stepchild, you can avoid these outcomes and gain the full legal rights of parenthood.

You Can Minimize the Influence of a Difficult Biological Parent

In a stepparent adoption, the parental rights of the other biological parent not living with the child will be terminated. What this means is that the other biological parent will no longer have rights to shared custody (if any previously existed) or visitation, and thus that parent will not have the ability to obtain a court order to interact with or otherwise influence the child. This termination also ends any child support obligations.

Although there are plenty of scenarios in which a noncustodial biological parent is either a positive or neutral influence on a child’s life, in all too many cases they are an unwanted influence on a child due to behavioral issues, drugs and alcohols, disagreements with how the child should be raised (e.g. religious or educational matters), and so on. Although you and your spouse remain free to voluntarily allow a biological parent to remain connected with the child, with a stepparent adoption you will also have the ability to avoid any and all contact between the child and that parent.

You Can Demonstrate Your Ongoing Devotion to Your Stepchild

Aside from the legal rights that you will gain as a parent, legally adopting your stepchild is a vivid and real demonstration of your ongoing devotion to your stepchild. What you are saying to your stepchild, your spouse, and the world is that you are pledging to care for that child as your own, and that that stepchild can grow up knowing that, no matter what happens, he or she will have the security of being able to count on you as a supportive parent.

Experienced Attorneys for Your California Stepparent Adoption

When is Temporary Guardianship Granted for a Child?

Tue, 03 Jan 2017 17:40:00 GMT

When is Temporary Guardianship Granted for a Child?

A guardianship for a child in California is similar in some ways to an adoption in that an adult who is not the biological parent is assuming the legal responsibilities to care and provide for that child as well as gaining the right to make decisions on the child’s behalf. But, unlike an adoption, a guardianship does not permanently end the biological parents’ parental rights. A guardian is often appointed to care for a child when the parent is unable to do so due to incarceration, substance abuse, military service, or serious illness, and a parent might reassume parental responsibilities when the limiting condition has passed. Guardianships often require several months of work in the courts to finalize, but a temporary guardianship can be granted on an emergency basis while the court considers a permanent guardianship.

The Process for Obtaining a Temporary Guardianship

In California, a person seeking temporary guardianship over a child should apply for a “permanent” or “general” guardianship at the same time. To obtain the temporary guardianship, you will be required to fill out a court form indicating what your relationship to the child is, and why it is necessary for the child to receive temporary support, care, and maintenance from you at this point in time. You will also need to provide notice of the proposed guardianship to the child (if the child is 12 or over), the child’s parents, and any other person who has visitation rights, or provide the court with an explanation for why you should be excused from providing notice to those individuals (e.g. they may be unable to be found).

The court will then hold a hearing to determine whether to approve the temporary guardianship. If the parents of the child consent to your temporary guardianship, the court may have an easier time in approving the guardianship than if the parents withhold their consent.

Common Scenarios for Awarding a Temporary Guardianship

Because a guardianship at least temporarily suspends a parent’s rights, the court will want to see compelling evidence that the temporary guardianship would serve a pressing need and will be in the best interests of the child. Examples of when a court may be willing to approve a temporary guardianship include:

Remember that a temporary guardianship is, by definition, not permanent, and so a proposed guardian should also be seeking out a permanent guardianship at the same time as a temporary guardianship.

Experienced Attorneys for Your California Guardianship Action

AdoptTogether.org Brings Crowdfunding to the Adoption Process

Tue, 03 Jan 2017 16:56:00 GMT

AdoptTogether.org Brings Crowdfunding to the Adoption Process

According to Hank Fortener, founder of AdoptTogether.org and World Adoption Day, 87% of families interested in adopting a child are dissuaded from doing so due to the costs involved in completing the adoption. Which is why Fortener decided to found AdoptTogether.org as a central crowdfunding platform in which would-be adoptive parents can create a profile and raise money from friends, family, and even strangers across the world to fund the costs associated with both domestic and international adoptions, including legal and travel costs. Thousands of adoptions have already been funded through AdoptTogether.org.

How AdoptTogether.org Works

If you are familiar with crowdfunding sites such as Kickstarter or GoFundMe, you already have a good sense of how AdoptTogether.org works. Parents seeking to adopt a child can submit a profile to the website which includes sending in all invoices and documentation related to the adoption the parents are working towards. Submissions are evaluated monthly by a board based on adoption status, actual adoption expenses and donor designations.

Once an adopting family is approved for inclusion on AdoptTogether.org, the organization lists the family’s profile which allows for friends and family to donate, and the organization also solicits donations from other individuals and corporations on the family’s behalf. Parents can post videos and messages about their adoption journeys for their donors and would-be donors to see. AdoptTogether.org is non-profit, meaning families receive all donations over the organization’s operating costs.

Since AdoptTogether.org was created in 2012, over 2,300 families have been funded in their adoption journeys through raising over $10 million, and the organization is seeking more adoptive families to help fund. More information about the group can be found here , as well as in this profile of the organization broadcast on The Today Show last month on World Adoption Day.

Experienced Attorneys for Your California Adoption

Adoption Law Group salutes and supports the work done by AdoptTogether.org and other organizations dedicated to helping parents in the adoption process. Adoption Law Group is a law firm in Southern California dedicated exclusively to adoption. Our areas of practice include stepparent adoptions , fost-adopt finalizations, agency-assisted adoption finalizations, adult adoptions, guardianships and international readoptions. Contact us today to schedule a consultation.

Termination of Parental Rights in a California Stepparent Adoption

Mon, 12 Dec 2016 22:25:00 GMT

Termination of Parental Rights in a California Stepparent Adoption

One of the most common scenarios in which a California adoption occurs is where a stepparent adopts the child of the person that he or she has married. Because marriage to a person does not in and of itself provide a stepparent with the legal rights and responsibilities associated with parenting a child, taking the additional step of having the family courts approve the stepparent adoption is necessary. Assuming the other parent and the child (especially when the child is 12 or over) are on board with the adoption, a stepparent adoption can be a relatively straightforward process, but one necessary step in the process which can cause complications is the required termination of the non-custodial biological parent’s parental rights. Below we provide an overview of what you can expect in the course of obtaining a termination of parental rights in a stepparent adoption.

When the Noncustodial Biological Parent Consents to Termination

Ideally, the noncustodial parent will consent to his or her parental rights being terminated. This is not always the case, however. By consenting to termination, the noncustodial parent is giving up his or her rights to visitation with the child and other rights associated with parentage. While you and the other custodial parent are always free to voluntarily invite the noncustodial parent to visit and be an ongoing part of the child’s life as you both see fit, that parent would no longer be able to pursue legal visitation rights via a court order. By giving up his or her rights in a stepparent adoption, however, the noncustodial parent will become unburdened from certain legal obligations such as being required to pay child support.

If the noncustodial parent does consent and he or she lives in California, then that parent will need to sign an official court document titled “ Stepparent Adoption – Consent to Adoption by Parent in California Giving Custody to Husband or Wife or Domestic Partner of Other Parent. ” This document must be signed in the presence of an official court investigator, clerk, or notary public. Separate forms are required when the parent is outside of California or in the Armed Forces.

When the Noncustodial Biological Parent Will Not Voluntarily Consent

If the noncustodial parent does not want to consent to giving up his or her parental rights, then that parent will need to be notified of the pending termination of rights and given a chance to plead his or her case in front of a judge against termination.

You will need to file a petition with the court asking it to take the necessary steps to terminate the noncustodial parent’s rights, and then you will need to serve notice of your petition with that parent. In some cases the other parent cannot be found, but the court will expect you to take reasonable steps to locate the parent and give them reasonable notice of the pending action. If you cannot locate the parent, you and/or your adoption attorney will need to present detailed evidence to the court regarding the steps you took in locating and/or obtaining consent from the other parent.

Assuming the other parent is found, attorneys for both and you and the other parent may present submissions to the court for and against termination of parental rights and then appear before the judge to argue your respective positions. In making its determination on termination, the court will consider your ability as the stepparent to provide a suitable home for the child as well as the noncustodial parent’s fitness and history as a parent, which can including looking at issues of domestic violence, payment of child support, drug and alcohol abuse, and ongoing presence (or lack thereof) in the child’s life.

Help With Obtaining Termination of Parental Rights

Adoption Law Group is a law firm in Southern California dedicated exclusively to the adoption.
Our areas of practice include stepparent adoptions, fost-adopt finalizations, agency-assisted adoption finalizations, adult adoptions, guardianships and international readoptions. Contact us today to schedule a consultation.

Birth Order and the Blended Family

Tue, 22 Nov 2016 22:46:00 GMT

Birth Order and the Blended Family

We have six kids. I suppose anybody from a big family gets used to being asked “what number” they are. My younger ones have to think about it. So do my two eldest. Our adopted daughter, now 21, was the youngest of five siblings in her birth family in Africa. When we adopted her, she became the oldest of our crew. After seven years with us, she’s used to saying she’s the oldest (but still not completely used to all of the implications of little brothers and sisters). Our firstborn has tripped over the question for years. Now that he’s thirteen he’s finally got a quick reply: “I used to be the oldest.”

It’s interesting how ingrained their birth order is into their personalities. Firstborn is very much a firstborn. He’s responsible and totally embraces the role of smart (translation by siblings: know it all) older brother. Miss 21-year old loves her role as eldest, but her first fourteen years as baby are still deeply rooted. Despite her love of independence, she still texts me, “Mom, I’m hungry,” (can you hear the whine?) from her work.

Disrupting the Birth Order

In the private and international adoption world, our situation is a bit unusual, in that most folks heed the common advice, “don’t disrupt birth order,” when adopting. Both Mr. Adolescent and Miss 21-year-old can attest that there’s wisdom in that advice; they’ve butted heads more than any two siblings in our family. However, in families blended through marriage, there’s often no choice in the matter. We don’t get to choose the ages of our spouse’s children.

In the private and international adoption world, our situation is a bit unusual, in that most folks heed the common advice, “don’t disrupt birth order,” when adopting.

Birth order disruption is common. It’s surprising to me how much playtime birth order gets in adoption books, but how little it gets in the context of the blended family. We expect our kids to adapt to their new sibling dynamics. And we should. They have to. But recognizing the magnitude of what we’re asking them to do, I think, is very important in helping them adapt to their new role.

Pros and Cons

Having to adapt isn’t a bad thing. In fact, it’s a really important skill to develop. Stepping outside of the roles we’ve grown comfortable with causes growth . Mr. Adolescent is no worse for the wear for having been knocked down a peg or two by an unexpected older sister. Wearing the mantle of eldest has helped our previously “baby” girl become more others-focused and responsible. As parents, we’ve helped them navigate those roles and relationships.

Stepping outside of the roles we’ve grown comfortable with causes growth.

Recognizing that it’s an issue, though, has been vital. I wouldn’t trade my family for anything, but the advice I can give to families considering or anticipating a similar situation is to educate and prepare yourself for the challenges to come. Seeking out advice from a therapist and speaking with other adoptive parents or parents in a blended family are all good ways to help smooth the bumps on the birth order road.