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Do biological grandparents have any rights after an adoption?

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Grandparent Adoption Rights Adoption Law

Do biological grandparents have any rights after an adoption?

The biological parents’ parental rights are terminated when a child is adopted. However, some states are sympathetic to the plight of the biological grandparents and will grant them rights in limited situations, such as an adoption by a stepparent when a biological parent has died, or when the parents divorce.

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What are some common terms?

Legal Custody – the parent with legal custody can make all decisions regarding the health, welfare and education of the child.

Physical Custody – determines which parent has the actual, physical right to be with the child.

Sole Legal Custody – when one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education and welfare of the child (and the other parent has no input on these decisions)

Sole Physical Custody – when one parent is given sole physical custody, the child remains with him/her and the other parent is excluded from having physical custody of the child (typically when the other parent has abused or neglected the child)

Joint Legal Custody – both parents participate in reaching decisions regarding the health, education and welfare of the child.

Joint Physical Custody – both parents have the ability to be with the child, typically joint physical custody is coupled with a parenting plan to determine who will be with the child at what particular time.

Shared Custody – both parents equally share the legal and physical custody of the child. Typically found only where both parents are able to resolve their personal differences and keep them in check for the sake of raising the child in a caring, nurturing environment.

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What happens to the adoption records?

Adoption Records Adoption Law

What happens to the adoption records?

Once a formal adoption has been finalized, the records of the adoption become sealed to maintain anonymity of the natural and adoptive parents. Access is only by court order and is carefully restricted. Many states are relaxing procedures for opening records for “good cause”, say, for example, obtaining medical data.

Some states now allow adults, who were adopted during their minority, to request that the natural parents be contacted by a third party, in order to determine whether they would consent to allow their natural child to re-establish contact (this is called mutual consent between the child and the natural parent before opening the record to the child).

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What is child custody?

Child custody is a term that refers to the bundle of rights and responsibilities that a parent carries with respect to his/her child. Child custody includes numerous concepts, some of which overlap and some that are distinct. The term child custody can be further broken down into terms that shed additional light and provide a greater understanding of the respective parents rights and obligations with respect to their common child.

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Does a foreign-born child adopted by a u.s. citizen automatically become a us citizen?

Adoption Foreign Us Citizen Adoption Law

Does a foreign-born child adopted by a u.s. citizen automatically become a us citizen?

Yes, under the Child Citizenship Act, effective February 21, 2001. Most foreign-born children automatically become a US citizen on the date they immigrate to the U.S. In the past, the adopted child held the citizenship of the foreign country where he or she was born until the child’s application for citizenship was approved by the INS.

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What if I do not like the present custody order? Can I file for custody in another state?

Bouncing cases across state lines in search of a “favorable” judge who “sees it your way” was very common for years, made a mess of custody actions, until the enactment of the Uniform Child Custody Jurisdiction Act (UCCJA for short). Adopted by all states, it avoids the competition and conflict for jurisdiction between courts of different states. Courts cannot take custody cases unless the child has lived in the state for a certain period of time immediately preceding the filing of the lawsuit. Furthermore, a court cannot reiterate the custody awards of another state, unless there is a genuine emergency and even then, the modifications would be limited to the emergency, not to wholesale changes in the original custody arrangement. The bottom line, most likely, is going back to the state where the last custody order was issued.

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What grounds may adoption be challenged?

Adoption Appeal Adoption Law

What grounds may adoption be challenged?

The natural parent may assert, after the adoption has become finalized, that s/her did not consent to the adoption, or that the adoption was obtained as the result of coercion, duress, or fraud. An adoptive parent could likewise assert that his/her consent to the adoption was obtain as the result of fraud, in an attempt to be relieved of the responsibility for an adopted child (such as when the newly adopted child becomes seriously ill or is found to be mentally disturbed). As with any action involving an assertion that consent to an action was obtained as a result of coercion, duress or fraud, it is often very difficult to prove. In spite of this, legal action could be pursued by a natural or adoptive parent even after `a formal adoption has been finalized.

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Can custody rights be modified?

Absolutely. You can go back to court to change a custody order if there is a substantial change of circumstance that has a significant, adverse effect on the child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status). Because we live in a highly mobile society, it is strongly recommended that you periodically evaluate the parenting plan. The courts recognize that many factors (such as, children’s age, relationship with both parents, the parents’ relationship, the wishes of the children) can be altered over a period following divorce and, though reluctant to change the parenting custody plan, the courts will do so if it is clearly necessary and in the best interest of the child.

Alternatively, the ex-spouses can voluntarily modify the last order by agreeing to changes between themselves. If there is a departure from the last custody order, it is best to put the new current changes in writing; oral agreements are difficult to enforce.

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What documents need to be provided for an international adoption?

International Adoption Documenation Adoption Law

What documents need to be provided for an international adoption?

You will be expected to provide the following documentation: proof of citizenship, marriage certificate (if a married couple), health, financial stability and information about arrests or certification of a clean criminal record. In addition, the home study (a report on the family prepared by a licensed social worker or other person licensed to perform home studies) normally is required by both the foreign government and the INS. Additional documents may be requested by the local government of the country from which you wish to adopt, your chosen adoption agency, or attorney.

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I had a justice of the peace marriage in 1 state followed by a church wedding in another. What state’s laws govern in the event that I want to obtain a divorce?

Your first marriage is the date you got married. The second is legally irrelevant (unless your first marriage was flawed for some reason). The divorce will be governed by the laws of the state in which you currently reside, not where your ceremony took place (if different).

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