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If you've been the guardian of a child for an extended period of time and that child doesn't have parents willing to care for him or her, then you may decide to adopt. Adoption can be a wonderful thing, but it can also be challenging from a legal perspective. Even if you are family member of one of the parents, you will need legal help in getting the right paperwork in order to exchange parental rights. Here are 3 of the ways family lawyers can help you change parental rights so you can adopt:
Voluntary Relinquishment is the Simplest Method
In many adoption cases with unfit parents, particularly those who have abandoned a child with loved ones, the parents are often willing to voluntarily give up their rights as a father or a mother. If this is the case, a family lawyer will draft what is known as a Relinquishment of Parental Rights pleading. The pleading will usually include several reasons as to why the parent is unable to take care of the child moving forward, and it is signed and notarized by the party relinquishing his or her rights.
Involuntary Relinquishment Requires a Petition to Terminate
In situations where parents can't be found or won't sign a voluntary relinquishment, a guardian can hire a family lawyer to petition the court to terminate parental rights. The petition will have to include support affidavits and evidence as to why a parent is unfit and unable to properly care for his or her child. Because the petition will have to be served on the parent in question, your lawyer will have to take out an ad in the paper in the area the parent was last known to live to notify them of the proceedings. If there is just cause to terminate, and if your petition goes unchallenged, the court will usually grant a legitimate petition. If the court does issue an order to terminate, you should be able to move forward with your adoption.
A Challenge to Paternity May Require a Test
In situations where it hasn't been fully and legally verified that a father figure is, in fact, the biological father of a child, a lawyer may advise you to petition the court for paternity. In some cases, if the father isn't mentioned on the birth certificate or has been absent for many years, a good lawyer may be able to convince him to take a paternity test without going to court. If a paternity test shows that a father is not the biological parent of a child, any assumed parental rights go out the window. In this kind of scenario, if you are the current guardians of a child and you've challenged the paternity of the supposed biological father and found he was not the father, you will be able to move forward with your adoption.
With few exceptions, most of the processes mentioned above can be complicated from the standpoint of the legal process. This is why you will want to have a skilled lawyer who knows a lot about family law and adoption help you. Contact family lawyers like Olschewski Davie Barristers & Solicitors for more information.
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