FAQ’s

Frequently Asked Questions About Family Law

FAQ ‘s: Here I have compiled a list of questions that people often ask me.

Remember, there is no such thing as a dumb question. If you don’t know something, ask!

I update this list frequently, so if you have a question, please submit it here. I guarantee someone out there has the same question.

Remember, any information on my website or blog in NO WAY should be construed as legal advice. If you need legal advice, please schedule a consult.

    In addition, you may find information on my frequently updated BLOG helpful.

    Adoption - Top 5 Questions

    Our offices handles the following types of adoptions: stepparent adoptions, foster care adoptions, guardianship adoptions, adult adoptions, and private domestic infant adoptions. Stepparent adoption is when the stepparent legally adopts their stepchild, and are relatively straightfoward if the living biological parents consent.  If they do not consent, you will need to terminate their parental rights. This process is more complicated. Foster care adoptions is when a foster parent adopts their child. In general, the goal of foster care is always to provide a safe and stable home.  Often, the courts will try to reunify the child with their biological parent.  However, when this is not possible, foster adoption is possible.  The prospective foster parents undergo a Resource Family Approval.  Foster adoption is cost-free and an excellent option for hopeful adoptive parents. Guardianship adoptions turn a temporary guardianship relationship into a permanent one.  Converting guardianship to adoption offers protection to both child and guardian from a biological parent’s disruption in the future. Adult adoptions are usually done when when stepchildren turn 18 and consent from the biological parent is no longer needed. Private domestic infant adoptions are when the birth parents choose the adoptive parents and then voluntarily place their infant for adoption with adoptive parents.  Private adoptions are usually handle by adoption agencies and attorneys.  

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    You’ll hear these terms (open and closed adoptions) in private or agency-assisted adoptions.  An open adoption is where the adoptive parents and birth parents know details about each other and remain in contact after the adoption.  A closed adoption is where there is no-contact, and little known details between the adoptive parents and the birth parents.

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    The main reason for adult adoptions is that they were unable to adopt their stepchild when they were children.  Stepparent adoption requires the consent of the birth father, and for various reasons, sometimes consent can’t be obtained.

    Other reasons for someone to adopt an adult is to pass on inheritance rights.

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    Birth father’s rights in adoptions are very complicated.  In general, the law separates them by categories: biological, alleged, and presumed.  Birth father’s rights depend on which category they fall.

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    In order to adopt your stepchild, you will need to obtain the consent of the birth father.  If he cannot be located, you must prove you took reasonable steps to locate him.  Reasonable steps would include: mailing a notice to his last known address, searching DMV lists.  Sometimes you may need to notify him by publication.  Our offices can assist with this.  Please schedule a consult.

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