Tuesday, April 26, 2016

Can I Adopt My Stepchild?

Some stepparents get a bad rap. The fairy tales and modern day social media descriptions often portray them in a negative light. And then there are the stepparents who go the extra mile. Some of them offer more parental support than, at least, one of the natural parents. One of the most significant things a stepparent can do in these conditions is to adopt the child that they love and treat them as their own. In some situations, it’s easy enough to do but in others, the absent parent may make the process more difficult than it has to be, even if their intentions have nothing to do with caring for the child.

Parental Agreement and Different Circumstances

By far the least stressful method of adopting a stepchild is to get the absent parent to agree to the adoption. If the stepparent has been with the birth parent in a marriage since the child was born, the process is even more streamlined. However, some situations involve parents who don’t want to sign off their rights or simply can’t be found. In such situations, adopting your stepchild might become more complicated but it is not impossible.

If a parent doesn’t sign off, it may be up to the birth parent and stepparent to prove why the adoption would be in the best interest of the child. If the parent can’t be found, it’s up to the stepparent and birth parent to seek them out. Even if their location is unknown, you have to prove that you made every effort possible to find the absent parent.

If the absent parent’s name is unknown, every effort has to be made to find out who the parent is and locate them in order to obtain permission for the adoption. As you can see, this process can become detailed and difficult, and requires the assistance of a legal team familiar with stepparent adoptions. Your individual circumstances can determine how complex a stepparent adoption might become. For instance, if divorce is also part of the adoption, you will need an experienced lawyer to make sure all areas are covered. You can click here for more information on divorce and family law. http://ift.tt/1SyiBMl

Interviews and Assessments

When a stepparent wants to adopt a child, they may have to go through interviews and assessments. If they have been with the child’s parent since before the child was born, they may be eligible to skip this process. Otherwise, the state of California will investigate the individual to make sure that they are a good candidate for adoption.

Being married before the birth of the child is significant and can speed the process up substantially. However, it’s also important to be married during the adoption procedure. Being divorced doesn’t automatically mean you won’t be able to adopt your stepchild, but it does mean that you will have to go through the investigative process.

Can I Adopt My Stepchild 2

The Best Interest of the Child Comes First

As admirable as it is to be a stepparent who wants to adopt a child as their own, the courts still need to ensure that this is in the best interest of the child. Once the child is adopted, the absent birth parent loses all rights to the child, even if you still allow them visitation. They also give up responsibilities for the child, so the court wants to make sure that the stepparent can take on those responsibilities. Again, these are just some of the reasons that that the family lawyers at Brock Law can be helpful during the adoption process. Click here to learn more about family law and stepparent adoption in California. http://ift.tt/1SyiznE

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San Bernardino Establishment of Paternity Lawyer

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Am I Entitled to Grandparent Visitation in California?

You would think that with so many changes in family dynamics in the past few decades that every state would have some sort of rights for grandparents when it comes to visitation. However, not all states are as progressive as California. In California, the Family Code doesn’t just leave room for grandparents to seek visitation rights, but for others to do so as well. There are exceptions and limitations, but at least grandparents have some sort of recourse when it comes to being able to see their grandchildren even after a breakup or divorce. Click here to read more about divorce and family law in California. http://ift.tt/1SyiBMl

Marital Issues and Grandparent’s Rights

One unusual feature of grandparent’s rights in California is the role that marriage plays. Only under certain circumstances can grandparents file for visitation rights if the parents of their grandchild are still married. Presumably this is because the court may assume that if the grandparent doesn’t have visitation and the parents are still married, the parents themselves might think that visitation is a bad idea. Even so, grandparents who fall in line with some of the details below may be able to visit their grandchildren after filing a petition with the court. Our lawyers can help grandparents determine the best way to do this. Grandparents may be entitled to visitation in some of the following instances:

  • Parents of the child are married, but don’t live in the same household.
  • The location of one or both of the parents is unknown.
  • One of the parents has joined the petition with the grandparent.
  • The grandchild lives with someone other than his or her parents.
  • A stepparent has adopted the child.

Established Relationships with Grandparents

Some grandparents simply don’t have a relationship with their children. As sad as that is, the parents may have a good reason for not wanting the grandparent involved, even if it has nothing to do with the grandparent personally. The California courts will not approve a petition for visitation with a grandparent unless that grandparent has a previously established relationship with the child. This is for the protection of the child. Having someone they only know as a stranger entering their life may not be in the best interest of the child, even if the grandparent is a wonderful person. There may be things going on in the child’s life that would make that situation too complicated for them. There might also be other unknown factors to consider. Click here for more information on family law. http://ift.tt/1SyiznE

Petitioning the Court for Visitation

If a grandparent does have a relationship with the child and has lost the ability to see the child, our family law attorneys can help with a petition that the court may or may not approve. The decision is up to the discretion of the judge rather than the parent. However, even after a petition is approved and turned into a court order, either parent may request that the court ends the visitation. If this happens, the court may comply with the parent’s request.

Because there are so many details involved with petitioning the court for the right of a grandparent to see his or her grandchild, contacting us to assist in the process is a wise choice. At Brock Law, we can make sure all of the conditions are met and that the petition is filed properly and in a timely manner.

Related Links:

Rancho Cucamonga Divorce and Family Law Attorney

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Family Law Lawyer Rancho Cucamonga

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Rancho Cucamonga Divorce Lawyer Child Visitation

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The post Am I Entitled to Grandparent Visitation in California? appeared first on The Law Office of Laurence J. Brock.