About Family Law
Why Hire an Attorney?
ADOPTION
Adoption is a wonderful option for expanding your family, but the laws governing the process are quite complex – each and every adoption is different but yours will be handled with care. Working with an expert in adoption law will help ensure that your adoption proceeds smoothly.An adoption attorney will:
1) Provide an unbiased explanation of adoption procedures and develop a legally secure plan tailored to your needs.
2) Explain your rights and the adoption laws in our State and assist with attorneys from other states if needed to complete the placement and adoption.
3) Assess the risks involved, including determining what costs are permissible and ensuring that birth parents’ rights are legally terminated before adoption is finalized.
4) review and negotiate adoption agency contracts to ensure your interests are served.
5) clarify your options for post-adoption arrangements, if any, with birth parents and draft or review an agreement to ensure your interests and those of the child are served.
CHILD CUSTODY
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings at times also determines who shall have custody of the child or children from the marriage. Under the common statutory provision, the parents of a child or children born within a marriage are joint guardians of that child and the rights of both parents are equal–each parent has an equal right to the custody of the child when they separate.
Custody is the charge and control of a child- including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development. A lawyer that specializes in child custody cases can help expedite the custody process.
GUARDIANSHIP
Guardianship is a legally binding, permanent supervisory relationship between an adult (or adults) and a child. A guardian may be a relative or may be unrelated to the child, and the parental rights of the child’s parents may or may not have been terminated.
A positive guardianship study must be completed, and a child must reside with the guardian family for at least six months, before a court hearing can be scheduled. The OCS Director or Designee must review permanent guardianship plans for children under 10 years of age.
When a guardian is appointed, OCS supervision ends, and foster care payments cease. Financial assistance in the form of a guardianship subsidy may continue.
The guardianship order that is issued by the Superior Court specifies the guardian’s rights and responsibilities which include responsibility for the physical care and control of the child, the determination of where and with whom the child will live, the right and duty to protect, train, and discipline the child, and the responsibility of providing the child with food, shelter, education, and medical care.
Visitation between the child and the birth parents may occur, depending on what is agreed to with all parties. In guardianships where birth parents’ rights have not been terminated, the birth parents can petition the court to modify the guardianship order. OCS and the guardian can also petition for modification. This could occur throughout the life of the guardianship.
Subsidy agreements are reviewed annually, and can be renegotiated as the needs of the child or family change.