ADOPTIONS

There are many reasons that people choose to adopt a child. In some cases, the couple may not be able to have children naturally. In other cases, the couple wants to give an orphaned child a home. In still other cases a stepparent or foster may want to ensure the inheritance rights of a child. Whatever the reason you have for choosing to adopt, it is important that you understand the process. The adoption process is a very intricate one that typically requires the assistance of an attorney. All adoptions have two main components or steps:

Step 1: The termination of parental rights of the birth parents.

Step 2: The adoption by the legal parents.

The adoption phase can only occur after the parental rights of the birth parent(s) have been terminated. The termination step can be a very challenging aspect of the adoption, especially where the birth parent(s) are objecting to the termination and adoption. Once that challenge is met, the final steps include the Home Study assessment and finalization of adoption for the adoptive parents.

CHILD GUARDIANSHIP

Guardianship is considered a method to obtain temporary legal care, custody & control of a child or disabled/incapacitated adult.  If the parents of a child in need of guardianship are living, certain conditions must exist so that a responsible adult can take over custody when the parents are unable to properly provide for the child.  This may be a short-term cure for a temporary problem, but can also be a long-term solution such as where grandparents or other relatives take over full-time, long-term, custody of a child.  

ADULT GUARDIANSHIP

For adults in need of Guardianship, this is usually stepfamilies take when aging parents or grandparents need someone to make the daily financial, legal, and medical decisions necessary for the loved ones’ welfare.  In order for an adult to be determined in need of a Guardian and to then become a “Ward,” that person’s doctor must agree that the Ward is incapable of making those daily decisions due to illness or incapacity.  If the Ward disagrees with the proposed Guardianship, a trial is scheduled and the judge will decide whether the Guardian should be appointed.  If the Ward does not have money to hire their own lawyer for this trial, the judge will appoint an attorney to represent only the Ward.  If the judge agrees with the claims that the Ward needs this legal help, the court will appoint the Guardian, who then must abide by strict accounting rules to protect the assets of the Ward.  

Call us for a free initial telephone consultation or let us schedule a conference to talk about your family situation.