Adoption is a court preceding that is used to create a parent child relationship between an otherwise unrelated person and a child. An adoption may be requested by a person that can show he or she has the resources and the appropriate background to provide a home for a child. A social study and an attorney to represent the child, an attorney ad litem, are required in almost all of these cases. After an adoption is completed the law regards the adopted child just as if he or she were a natural child of thee adoptive parent.
At The Law Office of Carole Cross located in Hurst, Texas, our law firm serves military families throughout Northern Texas, including Dallas and Fort Worth with a range of family law matters, such as divorce, child custody and child support. Serving in the military and having a family can be difficult enough and if your family is going through a transition and you are deployed on an overseas...
An adoption is a happy time in the life of the adopting family and in the life of the child being adopted. However, adoption is a complex and intricate area of family law. Adoption in Virginia is solely the product of statutory law and therefore compliance with all of the statutory requirements is a must to make the process proceed as seamlessly as possible. Adoptions can be stressful even at the best of times because of the legal hoops an adopting family must jump through even when an adoption is not contested. When there is conflict in an adoption, the stress levels can go through the roof. For these reasons, adoption is an area of law where it is almost always recommended that a skilled and experienced family attorney be involved.
Many times in the adoption process, unexpected complications arise, and you can be completely taken off guard as to knowing the proper solutions to resolve said complications. If you have an adoption attorney by your side, they will know exactly what needs to be done in order to quickly make any complications go away. You will have peace of mind and any underlying anxiety will be diminished just in knowing you have the security of a knowledgeable and experienced adoption lawyer there to help you.
There are three types of non-agency adoptions: adult adoptions, stepparent adoptions and parental placement adoptions. Adult adoptions typically do not result in the conflict and controversy that can be created in the latter two types of adoptions. The rights of the biological parents are implicated in both stepparent adoptions and parental placement adoptions. If these types are done with the consent of the biological parents then their parental rights must be terminated before the child can be placed with the adoptive family. Further, in almost all parental placement adoptions, an investigation must be completed as regards the child’s biological parents, the prospective adoptive parent(s) and the home situation of the child. There may be hearings as well to determine the best interests of the child in both stepparent and parental placement adoptions. There can even be a full trial where there are disputes over parental rights, the best interest of the child and/or the qualifications of the adoptive parents. Above all else in an adoption, the entire process is governed by a quest for determining the best interests of the child.
Adopting a step-child follows the same general process as adopting any other child; however, it can be much faster because you may be able to skip some of the steps. The adoption home study required in most adoptions, for example, may not be required in a step-parent adoption. In addition, the mandatory six month waiting period is usually waived in a step-parent adoption. The parental rights of the child’s other biological parent, however, must still be terminated prior to, or simultaneously with, the adoption process.  If the child’s other parent has not already lost his/her parental rights, you will need to address that issue during the adoption process. The biological parent can voluntarily relinquish his/her parental rights, making the adoption process much simpler for everyone involved. If the biological parent is not willing to voluntarily terminate his/her rights, you will need to convince the court that terminating his/her rights is in the child’s best interest.
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