Posted by: Gerald A. Maggio, Esq.
Stepfamilies are a huge part of American society, yet the mainstream media rarely mentions the unique needs of both parents and children when they are assimilating into one family. The U.S. Census Bureau reports 1300 new stepfamilies are forming every day and more than 50 percent of families are remarried or recoupled with kids less than 13 years old.
Unlike normal adoption, stepparent adoption is for individuals who want to solidify their commitment as a stepfather or stepmother and adopt their stepchild. An experienced stepparent adoption attorney is critical to draft legal documents, review them, and counsel on a stepparent’s rights as well as legalities of which the biological parent must be aware. Expert legal counsel will ensure that a stepparent adoption will not have a chance to be reversed.
A stepparent adoption does end the absent biological parent’s legal ties to the child, including custodial and visitation rights and financial support. There are four main ways to do a stepparent adoption with an accomplished California family law attorney.
The non-primary biological parent can sign a state authorized form consenting to the adoption by the stepparent. The Department of Social Services will investigate to determine if it is in the child’s best interests and create a report with their findings. Children should be informed that the stepparent wants to adopt them as the social service investigator will interview the child about what he or she wants and what they understand about the adoption. Also, children older than 12 years must give written consent of the adoption. An adoption hearing will then be held and if everything is successful, the stepparent will have the adoption certificate.
In contrast, if the biological parent has not spoken or financially provided for the child in more than a year, then the custodial parent will have full custody of the child. The stepparent must prove these facts and give testimony, but no investigation is mandated. Only if the absent parent can give a sufficient reason for not communicating or supporting the child will the court not give its consent. Otherwise, it takes only one court hearing to get the certificate.
Yet in some cases the absent parent has only failed to communicate or give financial support, but not both shortcomings. This makes the stepparent adoption process a bit more complex, and the Probation Department will have to research and report if abandonment has occurred. California courts will hear the testimony of the party who wants to adopt and incorporate the probation report. One legal petition is required to terminate the absent parent’s rights and a second petition completed to adopt the child. Two separate court orders must be done and the absent parent’s relatives must be notified of the proceedings. If the child has been deemed abandoned, the court will then allow the adoption decree.
The last way to get a stepparent adoption is if the parents of the child were never married, and thus there is no natural father. A court order to terminate the alleged natural father’s rights is far easier than the aforementioned routes. The couple can then go about the stepparent adoption in the normal way.
After an adoption, the child is then eligible for Social Security and life insurance benefits should either of their parents pass away. Some couples get legal assistance to change the child’s last name and modify the birth certificate, too.
The Maggio Law Firm has guided many stepparents and the couples in solidifying their bond with the children. As an experienced Orange County stepparent adoption attorney, Gerald Maggio is well versed in all the steps of the stepparent adoption process.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Unmarried mothers face a number of legal issues that must be dealt with to secure the health and happiness of their child. A family law attorney can help unmarried mothers navigate these difficult legal issues and secure adequate child support.
Unfortunately, many unmarried women find themselves alone after they become pregnant and the father of their child leaves. This abandonment can be emotionally taxing for a young woman by itself, and there are a number of legal issues at stake that must be handled as well. Not only must the child’s paternity be confirmed, child support must be secured from the baby’s father, and a child custody arrangement must be worked out between the parents.
Once an unmarried woman becomes pregnant, determining the paternity of the child is essential in pursing child support. With married parents, paternity is established automatically. However, if parents are unmarried, paternity establishment is not automatic. Both parents should start the process as soon as possible, so that the child will not have to suffer. Once the child is born, unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. If the father contests the paternity, a paternity test can be administered.
Once paternity is established, a family law attorney can then work to get an order of child support from the father, and the California Department of Child Support Services can assist unwed mothers with child support collection and enforcement. Securing child support is an essential step for unwed mothers, as it offers the financial support necessary to make sure that the child is properly taken care of.
Child custody arrangements between unmarried couples can be quite complex and difficult to navigate. An experienced family law attorney can help unmarried mothers construct a child custody arrangement that will work for both parents and will serve the best interests of the child. When establishing custody, the courts will take a number of factors into consideration including:
- The child’s health, safety and welfare
- The stability of each parent’s home environment
- The history of physical abuse
- The parents’ criminal history, as it may restrict custody or visitation orders
- Whether or not siblings are involved
- The wishes of the child, if he or she is old enough to make them known
A family law attorney can provide assistance in working through all of these issues. Just because a young woman is not married when she becomes pregnant doesn’t mean that the mother, and child, do not have legal rights.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Same sex couples face unique legal challenges when they decide to become a family with children. While California allows same-sex couples to adopt, the process can be long and difficult.
The adoption process is often difficult even for heterosexual couples, and same-sex couples face even greater challenges when it comes to adoption. In California, GLBT adoption and second parent adoption are legal and can present significant legal and social challenges for same-sex couples.
Gay and lesbian couples often decide to bring a child into their lives through conception and birth. For a lesbian couple, this involves finding a male donor or visiting a sperm bank and then having one member of the couple become pregnant. In such a partnership, the other parent can then become a legal second parent through stepparent or second parent adoption. Gay men can also become legal parents of a child through the use of a surrogate mother.
Having a child through conception and birth can be a long and difficult process, so some prospective gay parents choose to go through the state system. For these prospective parents, success in adopting from the public child welfare system greatly depends on two things: the state adoption law and the attitude of the adoption agency being utilized. In California, state law protects prospective gay and lesbian parents from discrimination during the adoption process. It is illegal for public agencies in California to reject adoptive parents on the basis of their sexual orientation.
While the law provides some protection for prospective gay and lesbian parents, it does not guarantee that prejudices don’t exist within the agencies. Social workers who are not comfortable with homosexuality may determine that the prospective adoptive parents are unsuitable for a number of other reasons. Private agencies, on the other hand, establish their own set of criteria for prospective adoptive parents. These agencies may consider age, fertility status, marital status, religion and sexual orientation when making adoption decisions. Same-sex couples, then, may not have as much success in finding a private agency that is open to adoption by homosexual parents.
Raising a child can be one of the biggest decisions in your life, so it is important to know all of the legal ramifications of such a decision before engaging in the legal process of adoption. If you are a same-sex couple considering adoption, you should contact an experienced family law attorney who can help you through this difficult and complex process.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Adopting in California is not terribly difficult, but the best advice anyone can be given is to discuss the matter with an experienced Orange County family attorney.
Adopting a stepchild in California may be a relatively simple process, although as with many things dealing with the law, each case is different. There are generally exceptions in many instances as well and it never hurts to be smart and speak to a qualified Orange County family lawyer. It’s better to know what is actually involved right up front rather than find out later about something no one thought about,” explained Gerald A. Maggio of The Maggio Law Firm in Irvine, California.
One of the first things everyone needs to consider is the responsibility of adopting another person’s child. It’s definitely a decision with long-term consequences, and not something to be rushed into on the part of the adopting step-parent or the child. For this reason, it’s often a good idea to talk to the child about the process and what it will mean for them to make sure that is what “they” want.
In most cases, there are several forms that will need to be filled out, and they are usually Adopt-200,210 and 215. An Orange County family attorney will advise which documents are needed and how they should be filled out when the adoption process is started. “The Adopt-200 is the formal adoption request that lets the judge know everything about the child being adopted and the step-parent adopting. The Adopt-210 is the formal adoption agreement between the child and adopting step-parent and it only gets signed when the judge indicates it is ok to do so,” explained Maggio.
The last form, the Adopt-215 is the actual adoption order and this will be signed by a judge if they agree to the adoption. While this may sound a bit complicated, with the assistance of a skilled Orange County family lawyer, the adoption process will go smoothly.
Gerald A. Maggio is senior partner of The Maggio Law Firm, Inc., an Orange County and Riverside Divorce and Family Law firm headquartered in Irvine, California. The Maggio Law Firm is experienced in all aspects of divorce and family law matters, including child custody, child support, spousal support, complicated high asset marital property cases, and domestic partnerships.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Step parent adoptions are quite common these days and not as complex as many people think.
The fact of the matter when it comes to step-parent adoptions is that they are a whole lot easier and faster than other forms of adoption. This is because many of the states tend to bypass the home-study requirements as well as the waiting or adjustment period.
“It’s best to check these issues out with a highly-skilled family law attorney because there are also some states that mandate the custodial parent has to be married to the step-parent at least one year before adoption is allowed to proceed,” indicated Gerald A. Maggio, of the Maggio Law Firm in Irvine, California. In these instances, only the step-parent is allowed to petition to adopt the children. The custodial parent is not a part of the process in terms of the application, etc.
To start a step-parent adoption the first thing that needs to be done is to find out the applicable laws in the state of residence. An expert family attorney that handles this kind of work will have that knowledge at their fingertips.
In the alternative, researching online will also answer some of the questions that might arise. “While this might be the route that makes the most sense in terms of finances, some states require the adopting parent have legal representation,” outlined Maggio. A skilled family attorney will also know where to source case law that will assist with the adoption process and help getting the adoption application approved.
Make sure the right court system is accessed to proceed with a step-parent adoption. Depending on the state, this could be probate court, family court or even juvenile court. The court is responsible for handing out the adoption information paperwork. If it happens to be pre-packaged then all the information should be available in the package. If not, the first thing to ask is if legal counsel is required.
Make sure all the proper forms are filled out prior to filing. A skilled family attorney will assist in completing the documentation. In fact this is the smartest thing to do since most of the legal forms are confusing to someone who isn’t an attorney.
“There are many other things that need to be done to finally complete a step-parent adoption and a good family attorney will outline what those steps are in order to make the whole procedure go smoothly,” explained Gerald A. Maggio, of the Maggio Law Firm in Irvine, California.
To learn more about the Maggio Law Firm visit Maggiolawfirm.com.
Posted by: admin
In stepparent adoption, one biological or legal parent retains custody control of the children, with the stepmother or stepfather of the child seeking to adopt the child.
Stepparent adoption cases are filed in Probate court, not Family Law court. An investigation case file is opened after the initial paperwork has been filed with the court and a Court investigator will be assigned to file a report with the Court withing 90 days following the interview and a visit to the adopting stepparent’s residence.
Children that are at least 4 years of age should be advised by the parent and stepparent that the stepparent is requesting the the Court grant his or her request to adopt the child. The investigator will interview the child regarding his or her understanding of the adoption and what he or she wants. California state law requires that children 12 years and older must give written consent of the adoption.
Upon completion of the investigation and filing of the investigation report with the Court, the next step is to request and obtain a hearing date with the Court. The court will require written proof of the consent of the other parent married to the stepparent, roof of consent (or death) of the other biological parent, and proof of service on the other biological parent before setting a hearing date.
At the adoption hearing, the child to be adopted must be present in Court at the time of the hearing, The hearing is basically a formality for the Court to grant the stepparent adoption that has essentially been pre-approved by the time of the hearing.
