Category: Family Law FAQ

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?

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?

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?

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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Can the natural parent or the adoptive parent change his/her mind after adoption?

Reverse Adoption Adoption Law

Can the natural parent or the adoptive parent change his/her mind after adoption?

Most states have a waiting period before the formal adoption becomes final. During this waiting period the natural parent may change his/her mind, stop the adoption from being finalized, and resume responsibility for the child. The time period within which the biological mother can revoke her consent is fairly short–48 to 72 hours after birth–unless she lives in a state that follows the Uniform Adoption Act which allows her 8 days from birth to revoke her consent. After the waiting period, the formal adoption becomes final and the natural parents’ rights and obligations toward the child are terminated.

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Who can perform a marriage ceremony?

Who can perform a marriage ceremony?

Usually the state laws provide any recognized member of the clergy (such as a Priest, Minister, Rabbi, Imam, Cantor, Ethical Culture Leader, etc.), or a judge, a court clerk, and justices of the peace have authority to perform a marriage. However in some states even the clergy must be first certified or licensed.

Some states have laws that permit other persons to apply for authority to perform marriage ceremonies. For example, California law permits anyone to apply for permission to become a Deputy Commissioner of Marriages — the grant of authority is valid for one day — and thus officiate at the wedding of family or friends on that one day.

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When might an annulment be granted?

When might an annulment be granted?

The most common ground for annulment is fraud; that is, one spouse never disclosed to the other spouse information about such things as a previous marriage, a criminal record, an infectious disease, the inability to have children, or the desire not to have children. In addition, an annulment might be granted because one party is already married, the parties are too closely related (i.e. incest has been committed), or one party is underage, and did not obtain appropriate parental consent.

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