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Adoption can be an emotional and legally complex process. Every situation varies from the next, as do the laws of each state. Once a party has decided to adopt, a home study process is required in all states. A home study includes a series of interviews and home visits that are intended to evaluate the potential adoptive family or parent, and to help educate and prepare them for the upcoming adoption. Once the parent or family is cleared for adoption, the next step is to find a child waiting for adoption, or a birth mother who is willing to go through the adoption process.
All adoptions must go through and be approved by the court in order to be legal and final. If you are considering adoption, look through our database to find a family law attorney in your jurisdiction who can assist you with every step of the adoption process.
“Child custody” and “visitation” are terms frequently associated with separation and divorce cases. Child custody cases can be contentious, especially in situations involving less-than friendly divorce or separation between parents. Either parent may be awarded custody, or it can be shared between them. A visitation schedule can also be arranged, and usually, the court will approve the arrangement if the parents agree upon it prior to the hearing.
If the parents cannot come to an agreement on child custody and visitation, the judge will make a decision on their case. The court will always use the best interest of the child standard in consideration of custody cases, and will put the needs of the child ahead of those of his or her parents.
It is especially important for parents involved in custody issues to consult an experienced family law attorney for assistance in obtaining a reasonable, and mutually-agreeable parenting plan for their child.
Child support is the financial support that is provided by a parent who does not have full custody of his or her child. The noncustodial parent can enter into a child support agreement voluntarily, by court order, or by an administrative agency. It is important to remember, especially in contentious divorce or separation cases, that child support is exactly what the term implies, it is for the support and care of the child. It is not for the custodial parent, rather, it is for the upbringing of the child in the middle of divorced or separated parents.
Guardianship generally refers to the role of an individual who makes decisions for a child or for another individual who is incapacitated and can’t make decisions for himself or herself, also known as a ward. The court generally prefers to appoint a guardian who has ties to the minor or ward, and because the role of a guardian comes with great responsibility, the decision is not taken lightly.
If you are interested in becoming a guardian, you should consult one of LegalMatch’s family law lawyers for guidance on how to begin the process of guardianship with the court.