Family Law Questions Concerning Adoptions

Posted on: 8 August 2018

Adopting a child is a major step to take for your family. While adoption is admirable, there are some legal issues that can accompany it. Those that are ill-informed about this aspect of family law may find that they experience more stress and disruption than is necessary.

Do You Have To Hire An Attorney For Adoption Proceedings?

The process of adopting a child can be rather long and complicated. Mistakes at any point during the process can severely compromise the adoption application or result in major delays. When you have legal representation throughout this process, you can be sure that your rights and interests are being protected. Whether this is ensuring that the adoption agency complies with its legal obligations or preparing your paperwork for the adoption to avoid the risk of clerical errors. Before meeting with the adoption agency, retaining a family law attorney can help you to be as prepared as possible for this process. The costs of this legal representation can be minor compared to the problems and headaches that it can help you to avoid.

How Can Divorce Impact An Adoption?

Some individuals assume that the process of divorcing will have major complications on their adoption. However, if the adoption has already been completed, it will be treated the same as a biological child. This means that there will be a need to establish primary custody of the child. While this can be a fairly contentious part of the divorce process, your attorney can help you to present the strongest case possible to the court that you are the superior caretaker for the child. Some adoption agencies will require notification in the event of divorce, but you will need to consult with your adoption papers to know whether this applies to you.

Can An Adoption Be Reversed?

It should be noted that adoption agencies have the right to revoke the placement of the child. As part of the adoption process, the parents will need to agree to terms concerning the safety and well-being of the child. If it is determined that the parent has violated this obligation, the agency may take steps to revoke the placement. This is usually only reserved for instances of extreme neglect, abuse or other violations, but it is a possibility. Ensuring that you stay compliant with the terms of the adoption can be essential for providing the child with the best home possible while also reducing the risk of the adoption agency attempting to reverse the placement.

Contact a family law professional for more information.