Foster Parent Adoptions

Foster parent adoption can be a complex process that requires following strict administrative and legal processes while still giving your child the best care possible. We can help you make a way through the system and adopt your child as quickly as possible. Call Law Offices of Rick D. Banks today at (559) 222-4891 for help with your case.

 

How Is Foster Children Adoption Different Than Traditional Adoption?

 

Adopting a foster child is handled by a state adoption agency instead of a private organization, as many traditional adoptions are processed. It is usually cheaper to adopt a foster child, and there may be financial help for you before, during, and after a foster child adoption.

 

Foster parents are often given preference when finding adoptive parents for a child. This provides stability in a child’s life.

 

Legal Responsibility for a Foster Child

 

The state child welfare agency is legally responsible for a foster child. They are in control of making decisions about their education, medical care, and more.

 

However, in the process of foster parent adoption, that legal responsibility would transfer to the parents. All parental rights would be awarded to the parents. Once the adoption is final, the adoptive parents would have all the same rights as biological parents.

 

Foster Parent Adoption Process

 

The foster parent adoption process is initiated when you are licensed as a foster parent and a child is placed in your care. If you are a family member, this step may not be necessary.

 

The child services agency then evaluates the child’s dependency case. If the child is deemed dependent upon the state, then they may become legally free for adoption. This requires parental rights to be terminated from their biological parents.

 

If you want to adopt the child, you will be required to undergo a thorough investigation from the child services agency, which will include background checks and home visits. If you have been a foster parent for a long amount of time, this process may not take very long.

 

You will have to attend court hearings throughout the process that will review your situation. The last one will be a finalization hearing to establish yourself as an adoptive parent to your child.

 

Do I Need an Adoption Attorney?

 

You should hire an adoption attorney to make sure the process goes smoothly. You will have to deal with state agencies, such as child services, and court processes. The government may ask you to submit to background checks that cause issues to arise and you will need an attorney to help you refocus on what is important – adopting your child.

 

Your attorney can answer questions from government agencies and attend court hearings on your behalf. You may have to deal with those entities as well, but overall the process will be much less stressful with an attorney by your side.

 

Call Law Offices of Rick D. Banks Today

 

We have managed foster parent adoption for many people throughout the years, and we can help you too. Call us at (559) 222-4891 for more information.

Adoption By a Family Member

Adopting a family member is common when birth parents are not able to care for their children or when a step parent steps up to take on a legal parental role. In fact, the court will often seek out family members to serve as foster and adoptive parents as an alternative to putting children into the home of someone they do not know.

 

If you need legal advice regarding an adoption, you should work with an attorney who is familiar with the court process. Call Law Offices of Rick D. Banks today at (559) 222-4891.

 

Who May Adopt a Family Member?

 

Family member adoptions are often called “kinship adoption.” They occur when a child is adopted by someone with a biological relationship to them, such as grandparents, siblings, or aunts and uncles.

 

Step parents may also adopt children in certain situations where one or both biological parents are no longer able to care for the children.

 

Some jurisdictions also recognize “fictive kin” relationships for adoptive purposes. This includes family friends and other people with a close, non-biological relationship to the family.

 

Family Adoptions are Preferred

 

The state is often required to give family members preference over non-family members in adoption cases. In fact, when biological parents are no longer able to care for children, the state will look to families for caregivers first.

 

Kinship Adoption Process

 

The process of adopting a family member is similar to that of adopting a child who is not a family member. The state or adoption agency will do a home study, background checks on all household members, and other screening processes to ensure the child is going to a safe home.

 

Consent is often sought from biological parents for kinship adoption as well as step parent adoption, as their parental rights will be terminated if the adoption is completed.

 

Step Parent Adoption

 

The most common type of family member adoption is step parent adoption. This typically requires fewer screening processes and one of the biological parents is usually still in the picture.

 

In the case of step parent adoption, one parent may no longer be in the life of the child, leading to termination of their parental rights for abandonment. The step parent may step in and assume those parental rights.

 

Conditions for termination of parental rights are strict, and the child may be required to give consent if they are over a certain age.

 

Grandparent Adoption

 

Grandparent adoption is different from grandparent guardianship or custody. In guardianship and custody situations, the parents retain parental rights. However, with grandparent adoption, the parental rights are terminated and transferred to the grandparents.

 

Are Family Adoptions Open or Closed?

 

Most family adoptions are open because the parents are known within the family and still have some contact with the child. However, in some situations, family adoptions may be closed, especially if contact with the parents would be detrimental to the child.

 

Contact a Family Adoption Attorney Today

 

Adopting a family member can be a daunting process. You may have to deal with a plethora of paperwork and the legal process. Let us handle it for you. Call Law Offices of Rick D. Banks today at (559) 222-4891.

 

 

What Is Assisted Reproductive Technology?

If you have considered fertility treatment, you should consult an assisted reproductive technology attorney. Many people use assisted reproductive technology (ART) to conceive and give birth to a child. However, ART has many legal challenges that should be considered. Call Law Offices of Rick D. Banks at (559) 222-4891.

 

What Is Assisted Reproductive Technology?

 

ART is defined by The Centers for Disease Control and Prevention (CDC) as fertility treatments that involve handling of both sperm and eggs. This includes an array of methods that may help a person have a child, including:

 

  • Surrogacy – A gestational carrier may be used to carry the embryo of a couple
  • Intracytoplasmic sperm injection – This involves the injection of a single sperm into an egg. The resulting embryos may be implanted into a uterus or cryogenically frozen.
  • In vitro fertilization (IVF) – This involves the collection of both eggs and sperm, which are then introduced into a culture dish in a laboratory. If fertilization occurs, then the resulting embryos may be implanted in a uterus or preserved for later use.

 

Other ART methods may include intrauterine insemination (IUI), freezing sperm and eggs, and the use of donor eggs, sperm, or embryos.

 

Common Legal Issues Involving ART

 

Because ART can involve more than one couple wanting to conceive, there are many legal issues that can arise. Common challenges include:

 

  • Disputes over who owns the unused eggs, sperm, or embryos
  • Parental and custody rights for same sex or unmarried partners
  • Child custody issues with a surrogate or donor
  • Contract disputes
  • Negligence claims against fertility clinics and surrogacy agencies

 

Many states do not have laws specifically addressing ART. Thus, the court must interpret often archaic laws surrounding new age technology. Federal laws do not address family law issues, so only states laws are used to address ART and related disputes.

 

Get an Assisted Reproductive Technology Attorney to Protect Your Rights

 

When dealing with ART-related issues, you should speak with an attorney who can guide you through the complex laws. A skilled lawyer can help you:

 

  • Draft comprehensive surrogacy agreements
  • File a petition for a birth order determining legal parentage
  • Create prenuptial and other contracts regarding sperm, eggs, and embryos
  • Keep you updated on ART laws
  • Provide legal advice regarding ART and your rights

 

Fertility clinics and agencies will force you to sign contracts, often relieving them of any fault if something goes wrong. You should consult with an attorney before you engage in ART so that you know your rights and understand the process going forward if there is a dispute.

 

Call an Attorney Today

 

The Law Offices of Rick D. Banks can help you with assisted reproductive technology and related issues. We have handled ART issues for our clients since the science formed. If you have questions about your rights and what you should do in your specific situation, call us today at (559) 222-4891.

 

The Use of Witnesses During a Divorce Trial

Divorces can be messy. They often require both spouses to air their dirty laundry in a courtroom. However, sometimes they involve others who have been witness to the incidents in the marriage that led to divorce. A divorce trial witness may come into court and give testimony regarding an array of issues in the divorce. However, the use of a witness during a divorce trial should be carefully undertaken by an attorney who can manage your case. Call Law Offices of Rick D. Banks at (559) 222-4891 today.

 

Reasons You May have a Divorce Trial Witness

 

The court will focus on four subjects during trial, all of which may involve a witness:

 

  • Grounds for divorce
  • Alimony and child support
  • Parenting time and child custody
  • Property division

 

Grounds for Divorce

 

You may have a witness to testify on your behalf regarding the grounds for divorce. While many states offer “no fault” divorces, if you are claiming a “fault” divorce, it is your responsibility to prove your spouse did something that warrants a divorce. That may include adultery or abuse. A witness can help you avoid a he-said/she-said situation. Instead of one party against the other, a witness may contribute their third party view of the circumstances that led to the divorce.

 

Alimony and Child Support

 

Child support hearings don’t typically require additional witness testimony. Both parents will need to contribute information, such as income and financial data. However, another witness won’t be much help. Most states have child support guidelines that are strictly based on the financial information of both parents.

 

Alimony, or spousal support, however, is different. There are many factors the court will look at when awarding alimony. The court will consider the spouses’ health, income, and earning potential. It can be helpful to have a witness to validate or contest the assertions being made.

 

Parenting Time and Child Custody

 

Many issues involved with child custody and parenting time, or visitation, can be determined by the parents on their own. However, if they must involve the court, a witness can be useful. Parents may make allegations of child abuse or endangerment, which would require proof.

 

Family members and friends can testify regarding the relationship between children and their parents. Mental health professionals and representatives from social services might interview children and parents and conduct an investigation.

 

Property Division

 

Both spouses must present all of their property to the court and it will be divided fairly. Witnesses are not typically required for property division. However, if a spouse is trying to hide property or disposes of it prior to divorce, a witness may be able to shed light on that situation.

 

Professional appraisals may be required for property; however, that is usually handled outside of court. An appraisal may be brought into court if there is a dispute.

 

Choosing a Divorce Trial Witness

 

Some courts do not allow family members to provide a character witness due to perceived biases. However, you may be able to use a friend, colleague, or someone else you know well as a character witness. You should choose someone who has first-hand accounts of your behavior and your spouse’s behavior.

 

Call a Divorce Lawyer Today

 

The attorneys at Law Offices of Rick D. Banks have significant experience working with witnesses in divorce trials. Call us today at (559) 222-4891.

Wife’s Rights During Divorce

A wife’s rights in divorce can be enforced by a court. Both spouses have rights during a divorce, but it can be difficult to assert those rights. You shouldn’t let your spouse walk all over you. Instead, reach out to an attorney who can support your rights and make sure you get what you deserve. Call Law Offices of Rick D. Banks at (559) 222-4891.

 

Wife’s Rights During Separation

 

Many couples are separated before they legally file for divorce. You have rights that begin during that time period as well. If your husband was the primary breadwinner, you may be able to get spousal support or “pendente lite” financial support. This is a temporary form of support meant to last during the separation prior to divorce.

 

If your husband moved out of the family home, you may be able to get money for household expenses, such as the mortgage and utilities. Depending on the difference between your incomes, you may be able to get your husband to pay half of the household expenses even if he has moved out.

 

Your husband cannot sell property while your divorce is pending. The divorce will separate all property fairly, so he cannot dispose of the property that is to be divided.

 

You have a right to the financial support of your children, even during separation and divorce. The court will likely order temporary support for children while the divorce is pending. Both parents are responsible for the care of their children, and both may have to contribute to support in some way.

 

What If the Wife Has Nowhere to Go?

 

You may have avoided divorce simply because you didn’t feel like you could support yourself or you had nowhere to go. However, even a wife with few resources has rights.

 

A court may order the husband to pay spousal support and/or give the marital home to the wife if the wife has nowhere else to go. You should not leave the home simply because your husband refuses to go or tells you to leave. You have ownership rights to your home as well.

 

Rights of an Unemployed Wife During Divorce

 

If you were a homemaker and took care of the children during your marriage, then the court may allow you to continue to be unemployed during divorce. It is rare that the court will order an unemployed wife to find employment while the divorce is still pending.

 

It is more likely that you will be awarded spousal support, child support, and other support measures that will allow you to continue your normal standard of living.

 

Your marital estate will be separated during the divorce, which includes all bank accounts, retirement accounts, and other property. You will get a fair share of these resources during the divorce.

 

Wife’s Right to Alimony

 

There is no automatic right to alimony in a divorce; however, if your husband was the primary breadwinner in your household and you are not able to continue your lifestyle without support, it will likely be awarded. You must request alimony or the court may not award it. There are many factors that go into whether or not the court awards alimony and how much.

 

The court will consider awarding alimony for a “reasonable period of time.” This may mean that you will be given time to obtain education or find a job that can support you and your children. If you do not have the same earnings potential as your spouse, then alimony may last until you remarry or no longer need the funds.

 

Contact a Divorce Attorney Today

 

We support the wife’s rights in divorce and can guide you through the legal process of making sure you and your children are taken care of before, during, and after divorce. Call Law Offices of Rick D. Banks at (559) 222-4891.

How Mental Illness Can Affect Custody in Divorce

Parents with mental illness and child custody issues are common in family law cases. Mental illness is suffered by many, whether it be anxiety, depression, bipolar disorder, or another condition. Not only can it lead to divorce, but it can also impact your child custody.

 

If you have questions about your specific situation in a family law matter, contact Law Offices of Rick D. Banks at (559) 222-4891.

 

Factors in Determining Child Custody

 

Mental illness is a factor considered by the court during hearings for child custody and visitation. If a parent is unable to care for their children, the court may not be inclined to award physical or legal custody to that parent or visitation may be limited. However, this should not scare parents who do have mental illness issues. The court will carefully evaluate every situation individually and do what is in the best interests of the child.

 

Other factors that the court will consider that are related to mental illness include:

 

  • The ability of each parent to provide food, clothing, and other necessities to the child
  • The ability of each parent to provide love and discipline to the child
  • School and community records
  • The physical health of each parent
  • The relationships between the child and each parent
  • The child’s wishes, if the child is of an age where they can form an opinion
  • History of domestic abuse
  • Wishes of each parent

 

The court may also consider other factors that it believes are important to the case.

 

When Mental Health Is an Issue

 

The court will consider mental illness as it would any other factor when determining child custody and visitation. A final decision will be made based on the severity of diagnosis and confirmed mental illness. In order to do this, the court may need access to a parent’s mental health records and treatment records from their doctors and any facilities in which they have been treated. The court can order you to release these records. If you do not, you may risk losing custody of your child or having limitations put on your visitation rights.

 

Mental Illness and Physical Custody

 

Physical custody of a child involves time actually spent with the parent. When a parent has physical custody of a child, they provide for the daily needs of a child, including a home. If a parent is so mentally ill that they cannot provide a safe home for their child, they may not be awarded physical custody.

 

Mental illness can also result in violent outbursts, abandonment of a child, drug use, and other issues. If these are factors in the child’s life, then the court will likely remove physical custody.

 

Mental Illness and Legal Custody

 

Legal custody gives a parent the rights to make decisions about how the child will live their live, including educational, medical, and religious decisions. The court often favors shared legal custody so that both parents influence a child’s life. The court would likely only remove legal custody if a parent is not mentally able to make decisions about their own life as well.

 

Mental illness can also cause a person to be argumentative. If the parents are unable to come to agreements, then the court may limit one parent’s legal custody.

 

Call a Child Custody Lawyer for Help

 

If you are dealing with a difficult situation involving parents with mental illness and child custody issues, you need an attorney to work out the details. Call Law Offices of Rick D. Banks at (559) 222-4891.

Signs of Parental Alienation

If one parent is trying to distance their children from the other parent, there may be signs of parental alienation. Attempts to alienate a child from a parent can be made for a variety of reasons, but the result is always negative for the child. If this is happening in your life, contact a child custody lawyer right away. Law Offices of Rick D. Banks can help. Call us at 559-222-4891.

 

Common Reasons for Parental Alienation

A parent may attempt to alienate a child from the other parent for an array of reasons. One of the most common is to punish the other parent for a perceived wrongdoing. If a parent wants to cause a problem for the other parent, they may take negative actions with the children involved.

 

Another cause of alienation may be a personality disorder that causes the alienating parent to respond to stressful situations in irrational manners. If parents are arguing and one parent is not able to communicate well because of a mental illness or disorder, they may attempt alienation to gain favor from the child.

 

Signs of Parental Alienation

Parental alienation may even be considered a syndrome if it becomes extreme in one parent. Common symptoms or signs include the following:

 

Making Children Angry at the Other Parent

A parent may criticize the other parent in order to make the children angry at them. For example, if a parent says they can’t afford new school clothes because the other parent used the money on a fancy new car, then they may be attempting to make the children upset at the other parent. Other common statements may be made about why the relationship didn’t work or how inconsiderate the other parent has been towards the family. This is often an attempt to use the child to get back at the other parent.

Speaking Badly of the Other Parent in Front of the Child

Even if an alienating parent does not make negative comments to the child directly, if comments are made within hearing distance of the child, they may develop anger towards the other parent. In these situations, the alienating parent often sees themselves as a “good person,” and they rarely take responsibility for their actions in the failing relationship. This amounts to passive aggressive actions towards the other parent.

 

Sharing Inappropriate Details with the Child

When a parent gives children details about divorce or parental conflict that should not be shared, they may be making attempts at alienation. This can cause a child to feel anger towards the other parent, and may make them feel responsible for the situation.

 

Using Body Language to Convey Negative Messages About the Other Parent

Rolling one’s eyes or shaking one’s head regarding things about the other parent can also send a negative message to children about the other parent. Children understand body language and alienation can occur through its use.

 

Co-Parenting Irresponsibly

Even if a relationship falls apart, two parents should still work together to provide care for their children. Co-parenting is an important part of a child’s life. If a parent refuses to be agreeable and make arrangements with the other parent, they may be alienating.

 

False Accusations of Abuse

Alienating parents often make false accusations of abuse, creating a negative situation in the minds of the children and the court. This can cause legal problems for the other parent as well as alienation from children.

How to Prove Child Abandonment

If your child has been without one or both of their parents for a period of time, you may wonder how to prove child abandonment. California has a variety of laws that address child abandonment and how it should be handled by the court. Read below to learn more about this situation. For more information about your specific case, call Law Offices of Rick D. Banks at 559-222-4891.

 

What Is Child Abandonment?

A parent may have abandoned their child if they have left their child with the other parent for over a year, without any communication or they have left their child with another person for over six months without any communication. Often, this happens when a child is left with one parent or a family member. Sometimes, the child will be left with foster parents or in state custody. However, if a parent fails to communicate with their children for a long period of time, abandonment may be a consideration.

 

Proving Child Abandonment

In order to prove child abandonment, you must show that a parent has failed to take part in their child’s life for a long period of time. That includes lack of visitation and no calls for one year if a child is with their other biological parent or six months if they are with someone else.

 

You must submit testimony or an affidavit to the court claiming that there has been no contact between the child and parent for a period of time. It is then up to the other parent to submit evidence that they have communicated with the child. If a parent is present and claims to have had communication with their child, it is unlikely that their parental rights will be terminated because they are making an effort to interact at that time.

 

Termination of Parental Rights

If a parent abandons their child, you may not have to go to court to litigate the child abandonment case; however, you will have to go to court to terminate a parent’s parental rights. If you fail to terminate parental rights, then a parent will still have the right to establish custody and visitation with their child.

 

If a parent agrees to terminate their parental rights, then the court process will be easier and less costly. You will still need to file an agreement with the family law court so that it can become a court order. Once the court issues an order terminating parental rights, that parent can no longer establish custody or visitation with the child.

 

Courts carefully protect the parental rights of biological parents. Both mothers’ and fathers’ rights are considered by the court during termination proceedings. If a parent agrees to terminate their own parental rights, it’s still important to consult with an experienced child custody attorney.

 

Contact a Child Custody Attorney About Child Abandonment

If you are wondering how to prove child abandonment, contact a child custody attorney right away. We will gather the necessary evidence to help support your case. Call Law Offices of Rick D. Banks at 559-222-4891.

Temporary Custody Order for Grandparents

Grandparents can gain custody of their grandchildren in various ways. One way is to obtain a temporary custody order for grandparents if there is a situation that warrants an immediate need for or temporary change of custody. Read below to learn more about custody orders that allow children to live with their grandparents.

 

Call Law Offices of Rick D. Banks for help with your child custody issues. When a grandparent wants to gain custody of their grandchild, it can be a complex issue fraught with many court hearings and legal documents. Contact us today at 555-222-4891.

 

Gaining Physical Custody with Power of Attorney

Grandparents may gain physical custody of their grandchildren through a power of attorney (POA). When a parent asks grandparents to care for a child on a temporary basis, it is often done through an information arrangement. However, a POA can ensure that the grandparents can make decisions regarding school and medical treatment.

 

A POA is a simple form giving custody to grandparents that is then notarized and submitted to the court. The court may then issue a temporary custody order for grandparents. A POA may be effective for a certain amount of time, ending on a specified date, or until the child is 18. Additionally, the parent may revoke the POA with the court at any time.

 

Some states allow parents to sign medical and educational consent forms that make a full POA unnecessary. If the parent’s whereabouts are unknown, grandparents may be able to file affidavits to obtain a POA and other consent to care for their grandchildren.

 

Fostering Grandchildren

Grandparents may also serve as foster parents for their grandchildren on a temporary basis. This may be called kinship care. In this situation, the grandparents get physical custody of their grandchildren, but the state retains “legal custody.” With legal custody, the state may make major decisions regarding education and medical care.

 

When grandparents are foster parents, they may have to go through training and certification. They will also be subject to visits and evaluations from Child Protective Services.

 

In 2008, a federal law passed that mandates notification of adult relatives when children are taken into state custody. Relatives are given an opportunity to foster and are provided with support to make the situation successful.

 

Guardianship of Grandchildren

When a grandparent serves as the guardian of a grandchild, they have legal custody and can make decisions about major life matters, such as education and medical care. A guardian may name someone else to care for their grandchildren if the grandparent is unable to do so themselves. Parents generally retain visitation rights under a guardianship situation.

 

Adoption of Grandchildren

Adoption is a more permanent placement arrangement than other change of custody situations for grandchildren. Adoption would give grandparents parental rights and the ability to make major decisions about all areas of a child’s life. Grandparents who adopt their grandchildren may be eligible for an adoption subsidy and adoption tax credits. Children remain eligible for medical care through the state.

 

Call a Grandparent Custody Attorney Today

Obtaining temporary custody orders for grandparents can be difficult. We can help. Call Law Offices of Rick D. Banks at 555-222-4891.

Reasons Grandparents Can File for Custody of a Grandchild

Considering Grandparents for Child Custody

 

Although it may seem like a positive move, the court will not grant custody of children to grandparents unless there is a legitimate reason why it is necessary. The court will not give grandparents special consideration, even though they are family members. Parental rights always come first unless the child is in danger.

 

Not Agreeing With Parenting Style Is Not Valid Reason for Change of Custody

Parenting styles are very different now than they were even a few decades ago. What was once considered “normal” discipline may not be called child abuse. Even celebrities’ parenting styles are being highly criticized by the public and courts for the way they discipline their children.

It is understandable that grandparents may not agree with the parenting style of their sons or daughters. However, having a different parenting style is very different than a child being at risk or in danger.

 

Conditions that May Warrant Change in Custody

The court will only consider changing custody of children in situations that are dangerous to the children. That may include:

  • Abandonment – If a child is being left alone for long periods of time or a parent has completely abandoned their child, the court may consider new custody arrangements.
  • Emotional Abuse – This can be more damaging that physical abuse in some ways, often requiring years of therapy or counseling. If you can prove that the children are being subjected to emotional abuse, the court may consider a change of custody.
  • Neglect – Even if parents are in the house, they may not be taking an active role in caring for the child. If they fail to take part in a child’s life and care for them properly, then the court may consider a change of custody.
  • Physical Abuse – If a parent is physically abusing a child, the court will consider change of custody. It is not necessary for the physical abuse to be malicious. In some situations, the parent may think they are doing what is best, but not in the eyes of the court.
  • Sexual Abuse or Child Exploitation – If you uncover that a child is being sexually abused or exploited, it’s important to call the police immediately so they can record the situation. A court will want evidence of this situation, and a change of custody is likely.
  • Substance Abuse – If parents are abusing drugs or alcohol and cannot properly care for their children, the court will consider a change of custody.

Contact a Child Custody Lawyer for Help Today

If you have questions about reasons grandparents can file for custody of a grandchild, contact Law Offices of Rick D. Banks at 559-222-4891.