Your Legal Ally Throughout The Adoption Process
Anyone wishing to have permanent legal rights and responsibilities over a nonbiological child can apply to adopt. This may be a spouse or domestic partner of a biological parent, a relative or someone unrelated who has been caring for the child.
The adoption attorneys at Lord & Brooker, APC, handle stepparent and relative adoptions, including guardians who wish to adopt. This process includes filing the necessary paperwork to free the adoptive children from the custody and control of their parents.
Adoptions And Freedom From Custody And Control
Unless a parent consents to the adoption, the adoptive parents must file a request with the court to free the child from the custody and control of their parents. In other words, their parental rights must be terminated before the adoption can proceed.
There are generally two grounds that are most frequently used to terminate parental rights:
- The abandonment of the child
- If you are the guardian of the child and you have had custody for at least two years
The law provides that if a parent leaves the child in the care and custody of the other parent for a period of one year without communication or support, the court can presume that the parent intended to abandon the child and the court can terminate their parental rights. For a nonparent the period of time is shortened to six months.
If you are the guardian of the child you wish to adopt and the child has been in your custody for at least two years, you can petition to terminate parental rights on the grounds that it is in the child’s best interest to be adopted. In this case, you do not need to show abandonment but frequently both grounds will apply.
Adoption Experience You Can Trust
In these types of cases, there is no room for error. If not done correctly the adoption could be subject to set aside. Having an attorney in your corner that knows the ropes is invaluable. The attorneys with Lord & Brooker, APC, have been assisting adoptive parents give children the permanency they deserve for more than 25 combined years. Lord & Brooker, APC, are the ones to call when you are ready to take this important step for your family. Contact us today at 909-741-1623 or online to schedule a case evaluation.