Over the years, our firm has been fortunate
enough to be involved in the joining togethe
r of families through the adoption process.
While complicated and technical, we have
the expertise to wade through the process.
Kyle Sharry heads our adoption practice.
When the parents have either surrendered
their parental rights, are willing to do so,
or have had their rights terminated by
Court Order prior to the initiation of an
adoption process, the adoption is considered
uncontested. Requirement for the adoptive
parents include a home study, background
checks, and a myriad of legal documents
being signed, but the case can usually be
completed within 90 days.
In some cases, a parent or both parent’s
rights must be terminated before an adoption
can be filed, or by motion within the adoption
case itself. As parental rights are the most
protected rights a person can have,
terminating them can only be done under
strict circumstances. Often, this has already been done by the State, but in many cases termination is prosecuted by the party or parties seeking to adopt a child. Our firm has the experience and knowledge to succeed in terminating rights to effectuate adoption cases under the circumstances.
The most prevalent type of adoption case is where a natural parent has remarried and feels that their child or children should be adopted by their spouse. The rights of the other biological parents must be considered, and either surrendered or terminated within the adoption case. Therefore, step-parent adoptions can be either contested or uncontested. If contested, a prerequisite to filing is the ability to prove that the parent whose rights one is seeking to terminate has either failed to support the child for one year, or has failed to have significant contact with the child for one year. If this is the case, a step-parent must then prove that the child’s best interests are served for the adoption to be granted. Again, we have much experience in all aspects of these cases from both sides of the case.
If you are even considering any of these options, or are faced with an attempt by another party to adopt your own natural child, we encourage you to call or email us about setting up a free consultation.