A Family Law Attorney From Murrieta Explains:
We no longer in live a world made of mom, dad, brother sister, and puppy. Instead of this "norm", families have many definitions. In fact, the "norm" has now shifted to include the "alternative family" as the majority of family makeup in the United States.
One type of alternative family that is emerging is the step parent adopting the spouse's child from a previous relationship. When the spouse of a natural parent adopts the child, all rights afforded to a natural parent are then shared with the adoptive parent. In the eyes of the law, the step parent becomes the parent of the child once this process is over, anywhere from six to nine months.
When a step parent applies for the adoption of their spouses child, the rights of the biological parent must be recognized. In order for the adoption to occur, the other natural parent must consent. If the absent parent in deceased, a death certificate must be produced to prove no other adult has right to the child. If the adoption is uncontested, then the other parent may give a simple consent. If the adoption is contested, a court hearing is called and it must be proven that the parent in question is either an unfit parent or that they have abandoned the child. If this is the case, a termination of parental rights lawsuit must be filed in addition to the adoption filing, but both suits can be heard together.
In addition to the absent biological parent's rights being accounted for, the spouse of the adoptive parent must also consent to the adoption. Also, if the child is 12 years of age or over, they must give consent for the adoption as well. An at home study will also be conducted for the purposes of identifying if the child's best interests are being taken into account once the adoption process has concluded. A background check may also be ordered on the adoptive parent, also for the child's safety.
We no longer in live a world made of mom, dad, brother sister, and puppy. Instead of this "norm", families have many definitions. In fact, the "norm" has now shifted to include the "alternative family" as the majority of family makeup in the United States.
One type of alternative family that is emerging is the step parent adopting the spouse's child from a previous relationship. When the spouse of a natural parent adopts the child, all rights afforded to a natural parent are then shared with the adoptive parent. In the eyes of the law, the step parent becomes the parent of the child once this process is over, anywhere from six to nine months.
When a step parent applies for the adoption of their spouses child, the rights of the biological parent must be recognized. In order for the adoption to occur, the other natural parent must consent. If the absent parent in deceased, a death certificate must be produced to prove no other adult has right to the child. If the adoption is uncontested, then the other parent may give a simple consent. If the adoption is contested, a court hearing is called and it must be proven that the parent in question is either an unfit parent or that they have abandoned the child. If this is the case, a termination of parental rights lawsuit must be filed in addition to the adoption filing, but both suits can be heard together.
In addition to the absent biological parent's rights being accounted for, the spouse of the adoptive parent must also consent to the adoption. Also, if the child is 12 years of age or over, they must give consent for the adoption as well. An at home study will also be conducted for the purposes of identifying if the child's best interests are being taken into account once the adoption process has concluded. A background check may also be ordered on the adoptive parent, also for the child's safety.
Family legal matters can be extremely emotional, frustrating and costly. Because of this, it is important that you get the right informatin BEFORE you take action regarding a divorce, child custody, child support, adoption, or any other important legal matter.
Get the information you need to make an intelligent, informed decision regarding your and/or your children's lives. http://www.TemeculaDivorce.com has a wealth of information available to you to help you properly navigate the legal system in Temecula, Murrieta, Hemet, Riverside, and the entire Inland Empire. If you need to speak with an attorney, we have professional, compassionate attorneys to assist you. For a free consultation, please go to http://www.TemeculaDivorce.com
No comments:
Post a Comment