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.

There are very few things that match the joy of having a child. Watching them grow and discover new things reminds us of the magic of childhood. We are given the opportunity to guide them and instill our values. If we do a good job, they eventually leave the family nest and take those values with them into the world.

But it isn’t cheap. California’s average cost of raising a child from birth until eighteen is approximately $310,000. This is just the essentials, such as housing, food, and clothing. It doesn’t include sports, extracurricular activities, or saving for college.

Financial Responsibility to Our Children

As parents, we have a legal and moral responsibility to support our children financially. At the most fundamental level, that means ensuring they have

The proper food to support their growth and development

• A safe and stable living environment
• Appropriate clothing for the different seasons and occasions
• Access to medical care

By investing in their education and planning for their future, we are preparing them for their own financial independence.

Financial Support Should Come from Both Parents

Raising a child is a shared endeavor that requires contributions from both parents. It is not up to one parent to supply all of their child’s needs. According to California law, both parents are legally required to provide financially for their child’s support.

Unfortunately, this isn’t always the case. And, it can be almost impossible for the custodial parent to make the non-custodial parent help pay for the support of their children.

The Role of a Family Law Attorney

A family law attorney is crucial in ensuring child support matters are handled fairly and in compliance with California laws.

One of the primary roles of a family law attorney is to educate parents about the legal obligations of both custodial and non-custodial parents. They provide information on how child support amounts are determined per California’s formulas, which consider parental income, time spent with the child, and other relevant expenses.

A family law attorney can also assist their client in filing petitions for child support and ensuring that all the required information is accurate and complete. They can also help gather evidence, including financial documents, income statements, and other information needed to support child support claims.

Enforcing Child Support Court Orders

If the child support issue is in dispute, a family law attorney will advocate for their client’s interests during hearings, introduce evidence, and present arguments. They will also negotiate with the opposing counsel to try to reach a fair settlement. Furthermore, if the other parent fails to comply, they will work with the court to enforce the child support orders.

Child Support Modification

Sometimes, life circumstances change, and the existing child support orders need modification. The family law attorney can also help with that. They will evaluate changes in income, employment status, or custody arrangements to determine if they warrant a modification. If so, they will file a request with the court to ensure the support payments remain fair and reflect the current situation.

LPEP Law Can Help

Having a skilled family law attorney can significantly impact the outcome of child support matters. Our dynamic team at Lonich Patton Ehrlich Policastri can work with you and advocate on your behalf to ensure your child receives the financial support they deserve.

Contact us for a free consultation by calling (408) 553-0801 and enjoy the peace of mind that comes from knowing your child support matters will be resolved fairly and efficiently.

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