Adoption Law
In general, any adult person can adopt a child. However, there are rules and regulations that dictate the conditions under which this can happen. The adoptive parent must be at least 10 years older than the adoptive child. If you are married, you must have the consent of your spouse before the adoption can go through.
The adoption process can be lengthy. You must have the consent of the natural parents. And if the child is over 12 years old, you must have their consent as well. There is also a residency requirement. The courts require that the child be resident in the home of the adoptive parent for at least 6 months before they will hear a petition.
These proceedings take a considerable amount of time. Only an attorney with deep knowledge of adoption law can help you navigate the legal complexities of adoption, which will help you avoid missteps and limit the time it takes to get through the process.
Guardianship
Life is complicated. People make mistakes, experience bad turns of luck, or simply find themselves in very poor circumstances. When children are involved, every effort should be made to care for them. If a relative or close friend is unable to care for their child and you want to step in and help them, you may need to apply for guardianship.
Your first move must be to petition the county court. In your petition, you will need to describe and explain the need to be a guardian and the exact parameters of the relationship requested. A hearing will then be scheduled. At that hearing, the judge will reach a decision as to whether making you guardian is appropriate.
Here are some of the options:
1. Limited
Gives you authority over some of the child’s affairs. For example, the court may appoint you to control the child’s healthcare decisions or finances.
2. Temporary
Gives you full control over the child’s affairs for a period of 90 days.
3. Joint
This splits authority between two or more individuals.
4. Full
Non-conditional authority over all the person’s affairs. You will need legal representation when you go to the hearing. In fact, it is best to allow your attorney to speak for you and to answer all the questions the judge may have.
