Family Law

According to the Cornell’s Law School Legal Information Institute:

“Family law, also referred to as domestic relations in many states, is the broad body of law that covers marriage, divorce, child custody, adoption, domestic violence, reproductive rights, and other matters regarding family relationships. Much of family law originates in English common law traditions surrounding marriage and the family unit. However, modern family law has expanded far beyond its common law roots, and family law is governed mostly by state law which varies highly from state to state.”

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Marriage is a legally-binding relationship between two people.

In the US, this means the couple now have a number of legal responsibilities and rights, including:

• Inheriting property from each other
• Making medical and financial decisions for each other
• Ability to open a joint bank account and/or tax return
• Ability to foster and adopt children together
• Sponsoring each other for immigration purposes.

In most societies, marriage is considered a social and cultural institution that is an important part of the community. It is typically marked by a formal ceremony, during which the couple makes vows to each other in the presence of friends, family, and a qualified officiant, such as a minister, rabbi, or justice of the peace.

Same-Sex Marriage

Same-sex marriage is a legally recognized union of two people of the same sex.
On June 26, 2015, the Supreme Court of the United States issued a landmark ruling in the Obergefell v. Hodges case, which recognized that same-sex couples have the same fundamental right to marry as opposite-sex couples in all 50 states.

This requires states to issue marriage licenses to same-sex couples and to recognize same-sex marriages performed in other states. This means that same-sex couples have the same legal rights and responsibilities as opposite-sex couples when it comes to marriage.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

There are many different forms of marital agreements (besides a legally-binding marriage) from common law marriage to civil unions and domestic partnerships.

Common Law Marriage

Common law marriage, a.k.a. informal marriage or “marriage by habit and repute,” is a marriage where the couple lives together and portrays themselves as married to the public, but haven’t obtained a marriage license. This means it is not formally recognized by the federal government and in most states.

In fact, common law marriage is only recognized as an official marriage in the following states:

• Colorado
• Iowa
• Kansas
• Montana
• New Hampshire
• Oklahoma
• Rhode Island
• South Carolina
• Texas
• Utah
• District of Columbia

And in these states, the couple has to meet strict requirements, including:

• Both people must be over the age of 18
• The couple must have the intent to be married.
• The couple present themselves out to the public as being married. This may involve using the same last name, introducing each other as “husband” or “wife,” and filing joint tax returns.
• The couple must live together as husband and wife.

Note: If you have a common law marriage in one of the states that recognize it and you split up, you need to file for a divorce.

Civil Unions

Civil unions are a legal arrangement that provides some, but not all, of the rights and benefits of marriage to same-sex couples.

In a civil union, the couple needs to obtain a “civil union certificate” and have a civil union ceremony that recognizes their relationship. They’ll also need to provide necessary documentation (i.e. ID, proof of residence, etc) and pay any state fees.

While civil unions provide some legal protections and benefits to same-sex couples, they are not the same as marriage and do not have all the same legal rights and benefits.

In fact, civil unions are only recognized in these 5 US states:

• Colorado
• Hawaii
• Illinois
• Vermont
• New Jersey

The specific protections and rights provided by a civil union in these five states vary but typically include some or all of the following:

Property rights

Couples in a civil union may have the right to own property together, to inherit property from each other, and to make medical and financial decisions for each other.

Tax benefits

Couples in a civil union may be able to file state tax returns as a married couple and may be entitled to certain state tax benefits.

Health insurance benefits

Couples in a civil union may be able to add each other to their health insurance plans and may be entitled to certain health insurance benefits.

Retirement benefits

Couples in a civil union may be entitled to certain pension and retirement benefits, such as the ability to inherit a pension or the right to receive survivor benefits.

And, civil unions are not recognized by the federal government or in any of the other 45 states. This means that same-sex couples who are in a civil union are not entitled to the same federal benefits and protections as same-sex married couples.
In addition, civil unions can expire, be annulled, or be dissolved. However, the process varies from state to state.

For instance, in some states, a civil union can expire after a certain period of time if it is not renewed

In addition, in some states, a civil union must be dissolved or terminated by either party. The process will look similar to going through a formal divorce process.

In other states, a civil union can be annulled, which means that it is declared void or invalid. This may be possible if one party was not legally able to enter into the union (e.g., because they were already married), or if the union was entered into under duress or fraud.

Given the process varies widely from state to state, we recommend consulting a family law attorney and checking with the relevant government agencies to determine the specific process in your state.

Domestic Partnerships

A domestic partnership is a legally recognized relationship between two people who live together and are in a committed relationship, but are not married.

Domestic partnerships are similar to civil unions in that they provide certain legal protections and benefits to eligible couples who are not able to marry.

While the eligibility requirements can vary from state to state, the general requirements include:

• Both people must be over the age of 18
• Both partners are not married or in another domestic partnership
• Both partners are in a committed relationship and share a domestic life

In addition, in a domestic partnership, the couple must obtain a “domestic partnership declaration.” The couple also have to register their domestic partnership with their state government, provide necessary documentation, and pay applicable fees.

Just like with civil unions, domestic partnerships are not the same as marriage and are only recognized in a handful of states, including:

• California
• District of Columbia
• Maine
• Nevada
• Oregon
• Washington
• Wisconsin
• Hawaii (However, domestic relationships are referred to as reciprocal beneficiaries in Hawaii)

The level of protections that domestic partners have across insurance, tax, retirement and property rights also varies across these states.

In addition, domestic partnerships are not recognized by the federal government or in any state that is not listed above.

If you want to convert your domestic partnership into a legally-binding marriage, it is a good idea to consult a family law attorney. That’s because in some states you can convert a domestic partnership into a marriage. In other states, you have to legally dissolve the domestic partnership before getting married.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The main difference between a prenuptial agreement and a postnuptial agreement is the timing of when they are made. A prenuptial agreement is made before a couple gets married, while a postnuptial agreement is made after a couple is already married.

Prenuptial agreement

A prenuptial agreement, also known as a premarital agreement or prenup, is a legally binding agreement that is made by a couple before they get married.

The most common reasons why you should get a prenup are if you have significant assets, income, or children from a previous marriage.
The purpose of a prenup is to define the financial and property rights of each spouse in the event of a divorce or the death of one spouse.

They can cover a wide range of potential sticky issues like:

• Protection of premarital assets
• Division of assets
• Alimony
• Property ownership
• Business ownership
• Division of debt

Prenups must meet certain legal requirements in order to hold up in court. For instance, infidelity clauses and anything related to child custody and child support won’t hold up in divorce court.

There are two parts to getting a prenup. First, it is having the conversation and getting on the same page as your significant other on what should be in the prenup.

Then, you need to go through the legal process of getting it drafted and filed. For this part, it is a good idea to consult with a lawyer to ensure that your prenup is properly drafted.

Postnuptial agreement

On the other hand, a postnuptial agreement, also known as a postmarital agreement, is a legally binding agreement that is made by a couple after they are married.

Like a prenup, a postnuptial agreement is used to define the financial and property rights of each spouse in the event of a divorce or the death of one spouse. It can cover all of the same things as a prenup.

The most common reason for a postnuptial agreement is to make changes to financial arrangements, often because of a significant financial event.

Just like with prenups, we recommend consulting with an attorney when drafting one.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Divorce is a legal process that requires a legal reason and court judgment to end the marriage. However, some rules and paperwork may vary from state to state. For instance, a few states require a married couple to live apart and separate before filing for divorce.

During the process, the judge will resolve other issues related to the marriage before the divorce is finalized. For instance, some issues that will need to be decided include:

• Dividing assets
• Custody and support of children
• Alimony
• Determining who can live in the marital home
• Dividing debts

To start the process, you will need a legal reason, or grounds, for the divorce. There are seven “fault” reasons and a “no-fault” option.

For example, the “no-fault” grounds mean that while neither spouse blames the other for the failed marriage, the marriage is believed to be beyond repair. On the other hand, in a fault-based divorce, you must prove that your spouse caused the marriage to end, such as through adultery, desertion, or abuse.

Does common law marriage require a divorce?

Living together for an extended period is insufficient to create a common-law marriage. Additionally, not all states allow common-law marriages. So to determine if your common-law marriage is valid, you’ll first need to learn if the state recognizes your common-law marriage. The requirements can vary per state.

If the court determines your common-law marriage is valid, you will need to obtain a traditional divorce to end it.

What if both spouses don’t agree to divorce?

The divorce process is smoother if both parties agree to end the marriage. However, you don’t need your spouse’s agreement to proceed with a divorce. The law does not force you to stay in a marriage.

There may be rules or time limits that you must adhere to throughout the process if the spouse doesn’t agree to the divorce, depending on where you live. But, you are legally entitled to a divorce even if they don’t agree or refuse to sign the divorce papers.

Do spouses have to go to court to get a divorce?

While a divorce is only final when a judge signs a written divorce decree or judgment, you do have options other than going to court to resolve the issue.

Spouses that can work together to reach an agreement on all issues could consider filing for an uncontested divorce. These divorces are faster, simpler, and cheaper than going to court.

Another option is a collaborative divorce, where the spouses’ lawyers help them negotiate the divorce and reach an agreement. If successful, they can avoid going to court and can save money and time.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

A legal separation involves a formal decision by the married couple to live separate lives. Most states require the couple to file a request in family court.

There are many reasons a couple would choose a legal separation. Sometimes it is required by the court before the spouses can proceed with a divorce. Some couples may choose a legal separation if their religion prohibits divorce. Other times, a couple selects legal separation if they may hope for a reconciliation.

Like a divorce, a legal separation requires the couple to divide assets, make custody decisions, and freezes a spouse’s ability to spend freely from joint accounts.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

A legal separation doesn’t end the marriage. As a result, neither spouse can legally remarry.

Since the couple is still married in a legal separation, they don’t have to remarry if they change their mind about the separation. The couple simply has to submit a request to the court. If a divorced couple changes their mind, they have to remarry.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

One spouse must file a legal petition requesting to terminate the marriage to get a divorce. The petition typically must show that at least one person meets the state’s residency requirements for divorce. Additionally, a reason or grounds for divorce must be provided. Different states may have further requirements.

The divorce process can take 12 months or more. So you can request temporary court orders at this point to address child support, child custody, and spousal support until the divorce agreement is finalized.

Next, you must file a “proof of service” with the court. This shows the court that you met the requirements for serving your spouse a copy of the divorce petition.

At this point, you and your spouse can negotiate to try and reach an agreement, including decisions about the division of assets, child custody, child support, and alimony.

If successful, you can avoid going to court. However, if you and your spouse can’t agree on the details, you’ll have to have a trial before a judge. In this case, the judge will make the decisions about the divorce agreement after hearing both sides, such as how assets are decided, child custody and support arrangements, and alimony.

Once an agreement is reached, a judge signs the judgment of divorce, which legally ends the marriage.

Divorce mediation

Divorce mediation provides an alternative way to negotiate your divorce agreement without going through a court trial.

In mediation, a trained, third-party mediator assists you and your spouse in reaching an agreement so you can finalize your divorce. For instance, a mediator may help a couple address issues regarding the division of assets, child support, child custody, and alimony.

Unlike a judge, a mediator does not make the decision. Instead, they facilitate the discussion to help the spouses come to a mutual agreement.

Divorce mediation is typically cheaper and faster than going before a judge. Plus, there is no public record, and the spouses have more say and control over the decisions made.

Divorce decree vs. divorce certificate

A divorce decree and a divorce certificate are proof of divorce. But, these documents are not the same.

A divorce decree or judgment of dissolution (JOD) is the court order that officially ends the marriage. It includes the court’s final orders regarding the divorce agreement, such as the division of assets, child support, and alimony.

However, a divorce certificate is an official document that provides proof of the divorce. It’s issued by the health department or office of vital records, depending on the state. It’s a brief document — usually one page. It can be used when applying to change your name or for a marriage certificate but does not include the agreement’s details like the divorce decree.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Alimony or spousal support involves one spouse paying the other either due to a court order or the divorce agreement.

Its purpose is to ensure that both parties can meet their financial needs. One spouse has to prove they were “dependent” on their spouse during the marriage. Alimony is not dependent on gender and can be awarded to either spouse.

Alimony is not included in all divorces. It is typically temporary. For example, it may be awarded temporarily during the proceedings. Sometimes, alimony is awarded as part of the divorce agreement, but it is usually for a set amount of time. However, there are some rare situations where it is permanent and lasts for the rest of the recipient’s life.

State laws set the rules that judges use when deciding on alimony payments. The court determines how much and for how long alimony is received based on the state’s guidelines.

Divorce Agreement

The divorce agreement outlines the terms of the alimony. Additionally, states may vary on aspects of alimony and enforcement. For instance, some states allow for alimony payments to be terminated if the recipient remarries — but not all.

Another common situation is whether the alimony agreement can be modified. Most states will allow a provision to be included in the agreement that addresses under what conditions the alimony could be modified. Typically, this may occur if there is a significant change in the person’s situation.

For divorces finalized after January 1, 2019, the spouse receiving alimony isn’t required to report it as income on their federal tax returns. Additionally, there is no deduction on federal taxes for the paying spouse.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Child support is required in divorce.

According to the law, both parents are responsible for supporting their children. Therefore, each parent should pay according to their ability. Additionally, the court can require one or both parents to pay child support — even if the spouses do not request it.

State

How child support is calculated and the rules overseeing child support can vary per state. Regardless of where you live, the court considers many factors when it comes to support.

For instance, the court takes into account that if the children are primarily living with one parent, that parent is contributing to the children’s support. Therefore, the other parent is likely the one to make child support payments — which could be either the father or the mother, depending on the situation.

The courts typically rely on the state’s child support guidelines to determine the amount of support one parent will pay. In general, the guidelines consider each parent’s net disposable income.

Payment Amount

Some factors that help the court reach a payment amount include the parent’s salary, bonuses, and other sources of income. Adjustments are also made based on tax obligations, job expenses, health insurance, and any other hardships.

However, a parent can be required to pay child support even if they don’t have an income because the courts assess this based on the person’s ability to earn.

Child support money is typically to cover the child’s basic needs, such as clothing, shelter, food, public education, and medical and dental care. As such, the parent can use the money to help with general expenses like mortgage or rent payments, car maintenance, and similar expenses.

Parents typically must pay child support until the child is 18. But there are some exceptions. For example, you can stop paying if the child is emancipated before age 18 — unless they are unable to support themselves.

Paying parents can not deduct child support payments on their federal taxes. But both parents may qualify for a dependency exemption, depending on their situation.

Parents that receive child support payments do not have to include the payments as part of their annual income.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Parents who don’t pay their mandatory child support payments are in contempt of court. The court will tally the missed payments, categorized as in arrears. This allows the court to start enforcement procedures to recover the payments.

The parent who receives payments can request help from the court to enforce the child support order.

Enforcement Procedures

Delinquent parents who owe back child support may have their:

• Tax refund sent to the child’s other parent
• Wages garnished
• Driver’s license suspended
• Passport denied
• Professional licenses suspended

The paying parent can ask for modifications to the child support order if they’re having trouble making payments. But the request is not retroactive, and they must prove a substantial change in their circumstances to justify the change.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Child custody is a legal term. It refers to the rights and responsibilities assigned to parents for taking care of their children following divorce or separation. These laws also can vary from state to state.

The overall goal of child custody is to set the legal and physical custody of the child.

Legal and Physical Custody

Legal custody refers to who gets to make major decisions about the minor. Physical custody provides the parent the right to care for the child’s daily needs and allow the minor to live with them.

These are not the same as placement, which refers to the actual time a child spends in a parent’s care.

Parents can determine child custody and visitation agreements if they can work together on a solution. Additionally, some parents may use child mediation to help them work through disagreements without going through a formal court proceeding.

Written Settlement Agreement

In both situations, the parties involved will typically get a written settlement agreement of their decisions. This documentation ensures that the terms are clear and allows the agreement to be enforced if difficulties or disagreements arise later.

However, if parents cannot reach a decision, the issue will go before a judge in family court. The judge will hear arguments from both parents and make decisions based on the child’s best interests.

Determining the final child custody orders takes time. Therefore, temporary orders may be issued until all aspects of the child custody arrangement can be resolved. The temporary orders are only in place until the final order is made.

The final order remains in place until:

• The child turns 18
• The child is legally declared independent from both parents
• A parent modifies the order or parenting plan

A parent can request a modification if circumstances have significantly changed since the original order was finalized. Most states allow modifications after a year has passed from the original order. A modification may be made when:

• A parent moves
• One party doesn’t follow the order
• The child’s or a parent’s situation has significantly changed

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

There are many different types of child custody arrangements. However, two common types of custody are sole and joint.

Sole Custody

Sole legal custody occurs when only one of the parents has full responsibility for making major decisions for the child, such as medical or school decisions. Even though the other parent does not have a say in major decisions, that parent may still have visitation rights and may have child support responsibilities.

Sole physical custody involves the child living with one parent. However, the other parent typically will still have parenting time with the child.

Sole custody agreements are typically harder to get, as most states prefer to have both parents involved. However, the court may grant sole legal and physical custody when it’s in the child’s best interest, such as if a parent isn’t involved in the child’s life or engages in dangerous, criminal, or abusive behavior.

Joint Custody

In joint legal custody, both parents are involved and work together to make major decisions about the child’s life.

Joint physical custody ensures that the child lives with each parent for set amounts of time. However, the specific time frames and arrangements will vary depending on the parenting plan agreed on by both parties.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Visitation or parenting time lets a parent visit with their child. The court can set the specifics of the visitation, including how often visits happen, where visits take place, and if visits need to be supervised.

Visitation Rights

Visitation rights are not the same as legal or physical custody. A parent who does not have legal or physical custody can not make major decisions about the child or have the child live with them long-term.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

A judge oversees the custody hearing and makes the decisions after hearing all the evidence. This is a formal proceeding. So rules of evidence apply, and witnesses will be sworn in. There will be a court reporter to transcribe and record it in case of an appeal.

Before the hearing, discuss potential witnesses you may call with your lawyer. Your lawyer will likely talk to potential witnesses before the hearing to help them prepare for their testimony.

On the day

You’ll want to appear on time (ideally early) for your hearing, and dress as you would for an important interview.

You’ll want to be ready to answer questions on topics like:

• What you want the custody schedule to be, and why that schedule is in your child’s best interest
• Your financial status
• Your personal life, including any significant others
• Quality and frequency of communication with your child’s other parent

Additionally, try to communicate professionally and civilly with your child’s other parent in court and everyday correspondences. Avoid making rude comments, name-calling, or engaging in argumentative exchanges, especially in writing. Those interactions can become evidence at the court hearing.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

You’ll want to present information to help the judge make a decision. Typical information you’ll want to gather includes:

• Copies of communication and correspondence with your child’s other parent, such as texts and emails
• Income information, such as paystubs and tax returns
• Photos of important information or events that can help the judge make a decision and fully understand the current situation
• Log or calendar of key events, such as showing the frequency of a parent missing scheduled time with the child
• Third-party records such as medical records, school reports, and police reports (if applicable)

Every situation is different. A lawyer can help you determine what types of documentation and evidence can best assist your case.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Courts will consider a history of domestic violence when deciding custody and visitation.

Domestic violence can contribute to significant difficulties in communication between parents and raise safety issues for either a parent, the child, or both. These factors can negatively impact the child. For instance, a court would not want a child in a situation where they may witness domestic violence or be at risk of child abuse.

Safety

However, the court may offer additional solutions that ensure the child’s safety and allow the person to see them. For example, a judge may order supervised visits or request the person attend therapy.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The safety and stability of the living situation are important considerations when judges make decisions about custody, especially physical custody. The judge needs to ensure that the child is in a safe environment.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

An incarcerated parent can’t have custody of a child. Additionally, visitation rights may also be temporarily suspended.

The court typically decides what happens with custody and visitation rights once the individual is released from jail. For instance, a judge may issue a temporary or permanent change in custody depending on the crime and charges against the parent.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

If possible, prepare a plan in advance for situations when the military parent is deployed or transferred. Establishing a set contingency plan can help reduce stress on all parties involved.

In many states, a custodial parent who is deployed for military duty may ask the court to designate another person to have temporary custody of the child while they are away.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The adoption process allows an adult to become the legal parent of a child who is not biologically their own. An adoptive parent accepts full custody and is legally responsible for the child’s support costs and obligations.

As part of the process, the biological parent or parents no longer have parental rights once the adoption is finalized. However, sometimes the birth parents can be awarded some rights if requested.

Additionally, most states require the consent of both biological parents listed on the birth certificate or have established paternity. An exception is if one biological parent is found unfit, has abandoned the child, or has failed to pay child support.

There isn’t one adoption code in the United States that applies throughout the country. Instead, each state has sets of regulations, laws, and policies. But some federal legislations also help inform adoption laws.

If you decide to adopt, you first must determine the type of adoption that is best for you.

Types of adoption

• Adopting through the foster care system
• Private adoption through an agency, often run by charities or social service agencies
• Identified or designated adoption, which is typically used when the birth and adoptive families have found each other but use an agency to oversee the process
• Relative adoption, which includes any adoption when the child is related to the adoptive parent by blood or marriage (such as a stepparent, grandparent, or aunt)
• International adoption
• Adopting an adult, often done for an inheritance, after a foster child has aged out of foster care, or when permanent caregiving is needed

Each type of adoption and state has its own requirements, such as waiting periods, rules, paperwork, and standards. These requirements are important to ensure everyone involved ends up with the best circumstances. So adoptive parents should carefully review the criteria involved in their specific situation.

Eligibility

For most states, a person is eligible to adopt if they are single or married, a stepparent (if their spouse has legal custody or permission from the other biological parent), at least 18 years old (although some states require adults to be older) and financially stable.

Some states also require adoptive parents to be state residents.

The U.S. federal law requirements for adopting from another country include:

• Being a U.S. citizen
• Being at least 25 years old if you’re unmarried
• Jointly adopting the child if you’re married
• Meeting suitability requirements that include allowing fingerprinting, criminal background checks, and a home study

International adoptions will also involve meeting your state’s requirements and the requirements of the specific foreign country.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The length of time varies based on the type of adoption and any adoption preferences, such as the child’s age, which can impact how long you’re on a waitlist. For instance, some adoptive parents wait for two or more years before being matched with a healthy infant.

The adoption process typically occurs in two stages before it’s finalized — the pre-placement and placement periods.

Pre-placement period

The pre-placement period involves ensuring you meet the requirements to adopt. It can take from six months to over a year to finish.

Placement periods

During the placement period, you’ll typically receive monthly (or weekly) visits with your social worker or caseworker, you, and the child. These visits ensure everyone involved is adjusting to the change and that the child is being cared for appropriately. The length of the placement period varies per state but usually is at least six months long.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The steps involved in adopting a child will vary from state to state, but here are the basic steps most states require.

1. Ensure you meet the basic requirements

Prospective parents must:

• Meet basic requirements, such as age, state residency, and are financially stable
• Provide necessary background and lifestyle information
• Provide references
• Provide proof of marriage or divorce, if applicable
• Submit criminal background and child abuse checks for any adults living in the household

2. Select the type of adoption

This step will dictate what agency you work with and any additional requirements you must meet. It also can help prospective parents judge the cost and wait times.

3. Complete a home study

This step is required for any type of adoption. It determines whether the prospective parents and their home is deemed fit to raise a child.

During the process, a caseworker will visit your home. They’ll discuss your personal history, lifestyle, interests, and childcare experiences. They will also interview any other residents of your home.

4. Waiting for a match

Depending on your type of adoption, there may be a waiting period after you’re approved to adopt. For instance, if you’re adopting through an agency or internationally.

This can be a difficult time, as prospective parents can’t do anything to speed up this part of the process.

5. Complete the placement period following a match

After you’ve been successfully matched with a child, you enter the placement period of the adoption process. During this time, you’ll meet regularly with a social worker or caseworker. They will visit with you and the child to ensure everyone is adjusting properly.

During this time, the agency and social worker will also work on the required legal paperwork to finalize the adoption. Additionally, the birth parent typically has at least 30 days to change their mind about adoption, which occurs during this time frame.

This portion of the adoption process can vary from six months to a year, depending on the state and any additional regulations.

6. Finalizing the adoption

Once you’ve successfully passed the placement period, a judge will legally finalize your adoption and sign the official adoption papers. A new birth certificate and social security card for your child will be mailed to you, listing you as the legal parents.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Are adoption records public?

Adoption records are often sealed or only allow restricted or partial access in most states. However, there are exceptions, with some states having open adoption records.

Can adoption records be sealed?

Yes. Many states and courts seal adoption records once the adoption is finalized. However, there is a process for eligible people to access the sealed records if needed, although the process varies from state to state.

Typically, only the birth parents, adoptive parents, and person adopted can access sealed adoption records.

Can an adoption be reversed?

Adoption is legally binding and considered finalized once all parties, including a judge, sign the agreement. This is why so many safeguards are in place during the process to ensure that all parties agree on the adoption.

That said, there are some circumstances where the adoption can be reversed or terminated. The specifics can vary by state. The court will consider the child’s best interest when making a decision.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Foster parents do receive a monthly stipend to cover the costs of child care, such as food, clothing, and other basic necessities. The payment structure for foster families varies depending on the payment rates established by their residing state, the age of the child, and the specific needs of the child. The average maintenance rate paid to a foster parent for the care of a single foster child can range between $400 and $900 a month, depending on the state in which the parents reside.

Special needs

However, in some cases, foster parents may receive a significantly higher monthly maintenance rate for the care of a child who has special needs and/or expenses. Children with serious medical conditions, behavioral issues, or emotional trauma can be declared by the state as special needs, allowing foster parents to collect a higher maintenance rate each month. It’s anticipated that this increased amount will be used to help treat special conditions and provide more effective care.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Child protective services (CPS) and foster care records are generally confidential and are not made public. Such records can include child identification information, information regarding the child’s biological family, condition reports on the child’s original home, and reports on past abuse and neglect.

Due to the sensitive nature of this information and its potential use in investigations and treatment, the Child Abuse Prevention and Treatment Act (CAPTA) requires this information to remain confidential to help protect the well-being of the foster child. However, there are circumstances in which foster care records may be disclosed.

Exemptions

For example, a state will grant access to records for those involved in a court case regarding the child, such as a judge. Such records can also be granted to those looking to support a child’s welfare, protection, or medical treatment, such as a physician, medical examiner, or law enforcement. In 37 U.S. states, CPS records can also be shared with placing agencies in an effort to provide the best care and placement possible for a foster child.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

A paternity action is a legal process to establish who is legally the father, especially when parents aren’t married or if there is a conflict.

This civil action can be started by the mother to gain child support from the alleged father or filed by the biological father to receive parental rights.

Unmarried parents

This determination is particularly essential for unmarried parents as it helps establish the following:

• Child support
• A father’s legal rights
• The child’s eligibility to receive benefits through the father
• The child’s access to health information from the father’s side

Paternity ensures that both legal parents’ rights and responsibilities are upheld. However, a separate legal process may be required to establish the specifics of any child support and custody agreements needed.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

There are multiple ways to establish paternity that fit different situations.

In most states, paternity is determined by:

Paternity by assumption

The husband is presumed to be the legal father if the mother is married. However, a married man may legally challenge paternity if he believes he is not the father. Genetic testing (a DNA test) can be requested in this case.

Paternity by agreement

Both parties can sign an Acknowledgment of Paternity (AOP) form (also called an Affidavit of Paternity) if neither parent disputes paternity. This form helps unmarried parents voluntarily establish paternity and is signed by both parents. Hospitals may offer this form to a father present at the child’s birth. It can also be signed after the child’s birth. However, a fee may be involved, which includes changing the birth certificate.

Paternity set through legal action

For paternity disputes, the mother or father may file a paternity action to use the legal system to establish paternity. DNA testing can be court-ordered in contested paternity. The court can also use circumstantial evidence, such as if a man has publicly presented himself as the father.

Paternity laws vary per state. So it’s important to know the rules where the child was born. For instance, some states have a statute of limitations for establishing paternity, such as requiring a paternity suit to be filed before the child is 18 years old. However, other states have no restrictions on when you can file a paternity suit.

Paternity also can be established without the father, such as if the father died before legally determining paternity. Taking this step can ensure the child is legally eligible for any financial benefits or assets in the father’s will. Additionally, if a father doesn’t show up to the court date in a paternity action, the judge can still make him the legal father.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The specific process of filing a paternity action can vary per state. However, in most states, the mother or alleged father can file a paternity action to start the legal process.

Legal process

The case will typically start with the filing party completing paperwork with the court and paying a filing fee. Papers regarding the lawsuit will be served to the other party. That person has a set amount of time to respond to the complaint. A court date will be set.

An agreement can be reached before the court date if both parents agree to the legal paternity and sign a consent order. The court will typically adopt that order as the final order.

The case will be presented before a judge if an agreement isn’t reached before the court date.

Both parties must show up on the court date. If the alleged father does not appear, the judge can choose a default judgment — making him the legal father.

The court may also order a genetic test to help establish paternity.

In some states, paternity cannot be legally determined before the child is born. However, the legal process can often start before the child’s birth.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

If a paternity action is filed against you, you should respond. If you don’t, a court can reach a final order without you, leaving you unable to present your side.

Papers

When you’re served, read the papers (or complaints) carefully, so you understand what the other party is requesting. Additionally, keep track of your deadline to ensure a default judgment isn’t entered against you.

You will have time to gather information and evidence to present your side and to respond to the complaint.

For instance, the alleged father can file an answer or response, including information such as genetic testing to show he is not the biological father.

However, depending on the circumstances, the court can still decide that a man is the legal father, even if he isn’t the biological father. So, it’s important to carefully respond to the paternity action and address all complaints listed.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The first step is to ensure legal paternity has been established. The child’s mother can initiate a paternity action against the alleged father to set legal paternity. If the alleged father refuses to acknowledge paternity, the courts will often request for him to complete genetic (DNA) testing.

Refusal

The alleged father can legally refuse to complete the testing. However, he will face consequences. For example, a judge can hold him in contempt of court, require him to pay fines, or enter a default judgment stating he is the legal father.

Once paternity is determined, both parents have legal rights and responsibilities regarding the child, including financial obligations, visitation, and custody.

A father that refuses to acknowledge a legally established paternity is still responsible for the child, including any required child support.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.