There are many types of adoptions. One of the easiest types of adoptions for a Vancouver, family attorney to facilitate is when a stepparent chooses to adopt a child he or she has been living with.
There are several reasons for ease in this particular adoption. The waiting period is typically waived or streamlined. This is also true with the home study. If the child has been living in the home, home studies can be simplified. On occasion the adoption hearing is dispensed with.
The one holdup that often occurs is if the other birth parent refuses to give consent to the adoption. In all stepparent adoptions, the child’s other birth or legal parent will need to sign consent to the adoption. Without this consent, the judge will not allow the adoption to occur. If, however, the noncustodial parent’s rights have been terminated then consent is not necessary. Rights could be terminated for the following reasons:
- Abandonment
- Unfitness
- Failure to support
Parents often do not want to give consent for a legal adoption because this will mean giving up all parental rights, rights such as visitation or making decisions regarding medical treatment or education.
A family law attorney in Vancouver, WA can explain the steps which can be taken for a stepparent adoption if the other birth parent cannot be found.
One way is to prove the absent parent has abandoned the child. If the absent parent has not been in contact with the child or exercised any parent rights this may indicate he or she willfully failed to support the child. This abandonment period needs to be of a significant period of time. Typically a year.
Another way to terminate a father’s rights is to prove he is not the presumed father.
A Vancouver, WA family attorney could explain how a man becomes the presumed father. For example, whoever is married to the mother at the time of birth is the presumed father. Another way of establishing presumed fatherhood is by marrying the mother after the child has been born and being named as the father on the child’s birth certificate.
Rather than trying to prove the father has abandoned the child, it must be shown that he does not meet the legal definition of presumed father.
A Vancouver family law attorney can help you make decisions about all types of adoptions as well as stepparent adoption.
Lambert Law has had decades of experiences working with adoptions and other family issues. Call them today (360) 737-1473.