Adopting a child comes with many emotions. The adoptive parents feel the excitement and joy that accompanies the arrival of a new family member. With those feelings of happiness, adoptive parents may also experience anxiety and uncertainty. In addition to the emotional components that are a part of the adoption process, there are multiple laws and regulations that contribute to the anxiety. 

However, knowledge is the best defense against uncertainty. Having a basic understanding of some key legalities can help you prepare you for your adoption journey.

Age Requirements

California doesn’t have a specific age requirement for adoptive parents. It only requires that they are legal adults, and there is at least a ten-year age gap between the parents and child. The exceptions to this law are adoptions by siblings, stepparents, or another close relative.

If the child is twelve or older, they must give their consent to being adopted.

A Secure and Stable Home

California doesn’t have strict requirements regarding marital status, income, or home ownership. Single individuals and same-sex couples are eligible to adopt. Judges care about what is in the child’s best interest. Therefore, they will look to place a child in a home that can provide them with a safe, supportive, and loving environment.

A thorough criminal background check will be conducted. The judge won’t place a child in a home where one of the occupants has been convicted of the abuse of a spouse or child, neglect, child pornography, rape, sexual assault, or homicide. In addition, there are other felonies that would prohibit the adoption of a child.

The Home Study Process

The home study is essential in assessing your home environment and ensuring the child is adopted by a loving, nurturing family. There are multiple components involved with the study:

1. An interview with the social worker to discuss your reasons for adopting, your background, family dynamics, and parenting style
2. A home visit to ensure your home is safe and suitable for a child.
3. Documentation regarding your physical and mental health, proof of income, health insurance
4. References from family and friends

In addition, you will need to attend an adoption training program to prepare you with the skills and knowledge you will need to raise your child, especially if the child has special needs or has experienced trauma.

Do Birth Parents Have Any Legal Rights

Some prospective adoptive parents worry the birth parents will change their minds and take their child back. However, California outlines the legal rights of birth parents in the adoption process. They must voluntarily consent to the adoption. If there is no father listed on the birth certificate, every attempt must be made to locate them.

In an independent adoption, the birth parent has 30 days to revoke their consent.

Many families choose open adoptions. The birth and adoptive families have some level of communication after the adoption. They may share pictures, have video chats, or in-person visits.

Navigating the Adoption Process with LPEP Law

If you are considering adoption, your first step should be contacting one of our lawyers at Lonich Patton Ehrlich Policastri. We will work with you throughout the adoption process to ensure that the paperwork is complete and that legal requirements are met.

We understand that adoption can be an emotional process that involves multiple moving parts. Your attorney will be with you every step of the way, from the initial consultation to finalizing the adoption and beyond.

Contact us for a free consultation by calling (408) 553-0801. Your adoption story can begin today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Very few things match the joy of welcoming a new child to your family. Raising children allows us to rediscover the world through their eyes, share our values, and provide them with a home and loving, supportive parents. Some families choose to adopt through an international agency. They may have several reasons for their decision, such as a close connection with the adoptee’s country, a desire to raise a child from a different culture, or a desire to give a child from a disadvantaged area a chance for a better life.

However, international adoptions involve significant paperwork and legal requirements in both the United States and the foreign country. Understanding and preparing for the legalities of an international adoption can help ensure a smoother process.

The Hague Adoption Convention

Established in 1993, the Hague Adoption Convention is an international treaty among 104 countries, including the United States. Its goal is to ensure that intercountry adoptions prioritize the best interests of the child and prevent the abduction and trafficking of children.

The convention emphasizes the child’s best interests and states that foreign adoption should only be considered if there are no suitable families in the child’s home country. It also requires adoption agencies to be accredited and follow rigorous requirements to prevent unethical practices.

Who Oversees the International Adoption Process in the United States?

The Department of State is the central authority for international adoptions. Any adoption service provider needs to be approved by a Department-accredited entity (AE). There are only two AEs: the Intercountry Adoption Accreditation and Maintenance Entity (IAAME) and the Center for Excellence in Adoption Services (CEAS).

The U.S. Citizenship and Immigration Services (USCIS) is responsible for determining whether potential adoptive parents are suitable and eligible to adopt a child and whether the child is eligible to travel to the United States.

Every Country Has Its Own Laws 

The first step in the international adoption process is selecting the country you want to adopt from. Since each country has different eligibility criteria and adoption laws, you will want to thoroughly research everything involved in the adoption process.

In addition to the U.S. legal requirements for bringing a child into the States, the country of origin has its own regulations and procedures, such as age, income, marital status, and the parents’ health. For example, some countries won’t allow same-sex couples to adopt. 

It’s also imperative to keep abreast of changing laws regarding international adoptions. As of August 28, 2024, China has halted all foreign adoptions.

Documentation

The Department of State and USCIS require several legal forms. Prospective parents also need to have an approved home study, proof of U.S. citizenship, proof of marital status, medical records, birth certificates, and financial statements. 

The adoption process will be prolonged and more costly without the necessary legal documents.

LPEP Law Can Help

If you are considering adopting a child from a foreign country, you should work with an attorney who can ensure your documentation is complete. Our attorneys at Lonich Patton Ehrlich Policastri can assist you in navigating the legalities and bureaucratic obstacles. 

We will ensure you clearly understand each step in the international adoption process. Once you are back home with your child, our attorneys will help you complete the necessary steps to legalize the adoption in the United States.

Contact us for a free consultation on the international adoption process by calling (408) 553-0801.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

For parents going through a divorce, child custody and visitation issues are often some of the most difficult decisions they face. Emotions tend to run high, and all parties involved must work hard to sort through questions and conflicts to make sure the best interests of the child are considered.

During this stressful time, it can be helpful to understand the most common issues you will face, so that you can be better prepared to work with your co-parent in developing the best plan for your child. The following guide goes over several terms you need to familiarize yourself with to help demystify child custody laws.

Types of Custody

There are two types of custody in the eyes of the law. Legal custody refers to who has the right to make major decisions on behalf of the child regarding education, health care, and religion, etc. Physical custody refers to who the child lives with and who takes care of them on a daily basis. Legal and physical custody may be shared by both parents (joint custody) or granted mainly to one parent (sole custody).

Sole physical custody is often easier logistically for both parents and children, especially during the school year so they don’t have to move belongings between two homes. However, many families prefer joint custody to avoid the emotional distress of being separated for significant amounts of time.

Visitation Rights and Schedules

To ensure the child maintains a meaningful relationship with both parents, most custody arrangements include visitation schedules. The most common schedules are either fixed (i.e., occurring on specific days and times) or flexible (i.e., dependent on the needs and schedules of both parents and the child). In cases where there are any questions or concerns about the safety or welfare of the child with a parent, the court may also require visits to be supervised.

Factors That Influence Custody Decisions

When the family court is considering the best interests of the child, several factors come into play. Above all else, the court wants to ensure a healthy, stable, and safe living environment for the child. Each parent should: 

• Have a safe, clean, comfortable home for the child
• Be able to provide for the child’s basic needs, including food, shelter, clothing, transportation, medical care, and school supplies
• Maintain physical and mental health
• Be involved in the child’s activities and education
• Cooperate and communicate well with the co-parent when it comes to the child’s needs

In some cases, when the children are older, the court might also take their preferences into account when making custody decisions.

Get Help With Your Child Custody Case

With something as important as the care of your child, it’s important to have support from experts. For instance, sometimes custody agreements need to be modified, or you might need to go to court to enforce the terms of the custody agreement. If you need help with your custody case, schedule a free, no-obligation consultation with the family law group at Lonich Patton Ehrlich Policastri. Let our team help protect your rights and protect your child’s best interests.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Tabloids and television shows would have us believing that all child custody matters are contentious court battles in which ex-spouses yell at each other and try to prove the other is an unfit parent. And while that may not always be the case, navigating the process of gaining full custody of your child can indeed be emotionally taxing and complex.

It doesn’t need to be that way. There are options for gaining full custody without the stress and expense of going to court.

California’s Child Custody Laws

Serving the child’s best interests is the court’s primary goal when determining custody. Therefore, the judge will consider the following:

• The child’s age, health, and emotional ties to each parent
• Parents’ ability to care for the child
• If there is a history of abuse, neglect, or domestic violence
• Preserving continuity in the child’s schooling, community, and family connections
• The child’s preferences, depending on their age

Why Would One Parent Give Full Custody to the Other Parent?

It may seem surprising that a parent would willingly give up custody of their child, but there are actually several reasons why this may occur:

1. The parent may believe that the other parent can provide a more stable environment for the child.
2. Joint custody may be too challenging for one parent due to work, health issues, or other commitments.
3. The parents have a cooperative relationship and agree that one parent having full custody is in the child’s best interest.

Determining Child Custody Through Mediation

One of the most effective ways to avoid court is through mediation. A neutral third party works with you and the other parent to facilitate communication and negotiate an agreement that works for everyone.

Mediators are skilled in conflict resolution and can provide a structured environment to discuss sensitive issues. Mediation is generally less adversarial and stressful than court proceedings. It can also save time and money. The couple meets according to their schedule instead of waiting for a court date, and they don’t have the expense of hiring attorneys or court fees. Mediation also allows both parents to have a say in the final agreement rather than having a judge decide.

Child Custody Negotiation Tips

Even with good intentions, child custody discussions can become heated. Therefore, you may want to keep the following ABCs in mind:

Always prioritize the child’s needs and well-being

Be open to compromise in order to reach a mutually acceptable agreement

Communicate honestly and clearly to prevent misunderstandings

LPEP Law Offers Mediation Services

Gaining full custody of a child without going to court may be difficult, but it’s not impossible. It can also be more beneficial for everyone involved. At Lonich Patton Ehrlich Policastri, we understand that child custody is a deeply personal matter. We offer mediation services and have helped San Jose and the greater Bay Area families resolve custody issues without court interference. 

There are several options for gaining full custody of your child without going to court. Contact us for a free consultation by calling (408) 553-0801 to discuss what option is best for you.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

If you are divorced or separated and have children, you likely worked with your former spouse or a mediator to develop an agreement to provide guidelines for physical custody (i.e., who the child lives with) and legal custody (i.e., who makes decisions on behalf of the child). These agreements are designed to be long-term arrangements to ensure stability for the child involved. However, under certain circumstances, a family court might consider changes to a custody agreement to protect the best interests of the child. 

Legally, a “material change in circumstance” refers to a change in a situation significant enough to affect the outcome of a previous legal decision or agreement. When it comes to material change in circumstances for custody, the following are some of the most common situations that might necessitate a modification of your current agreement.

Change in Parental Circumstances

Several different factors can create changes in circumstances for one or both parents that might result in the need for a new custody agreement, including: 

Relocation – If one parent relocates (for work, due to a new relationship, etc.), the current physical custody arrangement or visitation schedule might become difficult or impossible to maintain. 

Altered financial status – Changes in financial status, for instance getting a higher-paying job, might mean that a non-custodial parent might now be in a better position to be granted joint physical custody. On the flip side, losing a job might impair a custodial parent’s ability to properly care for a child. 

Improvement or deterioration of living situation – Declining health, substance abuse, home foreclosure, etc., might result in a deterioration of a child’s living situation. Conversely, a non-custodial parent might significantly improve their living situation by completing a rehabilitation program, for example, that would allow them to provide a healthy environment for the child.

Behavioral changes – Of course, if either parent begins to exhibit behavior that might negatively impact the child, such as abuse, neglect, or parental alienation, the other parent should file an emergency petition to modify the custody agreement immediately.

Change in Child’s Preferences or Needs

For older children, especially teenagers, a court might consider a change to a custody agreement based on the child’s preferred living arrangement, as long as the child can present valid reasons for why the change would be a better situation for them.

In some cases, changes in a child’s needs might trigger parents to seek a new custody arrangement. For example, a child who requires special education services might be better served living with a parent who lives in a school district with better resources. 

Joint Request for Change

Parents can file a joint request for a judge to change the terms of their custody agreement if they both agree that modifications are desired, for any reason.

Failure to Uphold Custody Agreement

If either parent refuses to uphold their end of a custody agreement, a family court might step in to order compliance or to change the original agreement as necessary.

Get Help from Family Law Experts

When it comes to your children, you always want what’s best for them. If you are facing custody issues with a former spouse and think you might have grounds to revisit your custody agreement, schedule a free consultation with the Family Law Group at Lonich Patton Ehrlich Policastri. Our family law experts have over 100 years of combined litigation experience and are well-versed in helping our clients navigate the complicated landscape of divorce and custody matters.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.