STEPCHILDREN ADOPTIONS IN CALIFORNIA: Removing a Step Between You and Your Kids

Do you love and care for your stepchildren like they are your own?  Are you sick and tired your spouse’s ex consistently being uninvolved, but suddenly taking interest when you want to take your stepkids on a trip out of town?  Do you hate not having an equal say in what schools your stepchild attends, or what doctors provide him or her with medical care?  If you want to remove that extra step that every so often gets in the way of you being able to be the parent that your children love and need, then perhaps adoption is the answer for you.

Legally speaking, adoption creates a parent-child relationship and gives the adoptive parents and children the same exact rights and obligations as biological parents and children would typically have.  In California, there are basically two ways that stepparents can achieve this relationship: the “easy way” (consent) and the “hard way” (a hearing).  Under either method, there are certain requirements that a stepparent must meet:

• Legal Marriage or Domestic Partnership: the adopting and legal parents must be legally married or in a domestic partnership registered with the State.
• Age Requirement: the adopting parents must be at least 18 years old, and at least 10 years older than the child; although the age difference requirement may be waived in certain circumstances.
• Consent of the Child, Maybe: If the child is 12 years old or older he or she must consent.
• Consent of the Other Biological Parent? . . .

That last bullet point is where things can get tricky.

The Easy Way.  If the biological parent consents to the adoption, then the process is not overly complicated and can potentially be completed in less than a year.  First, there are forms to fill out, review, copy, and file with the court clerk (Forms: ADOPT-200, 210, 215 and others depending on local requirements).  Second, the papers must be served on the other parent and that parent must consent.  Third, there is an interview and investigation process which, in Los Angeles, is done through the Department of Children and Family Services.  Fourth, there are local requirements which must be fulfilled depending on which county you live in.  And finally, there is an adoption hearing to make sure that all of the “i’s” are dotted and the “t’s” crossed.

The Hard Way.  If you cannot get your stepchild’s biological parent to consent, then the adoption hearing becomes significantly more complicated.  The court may still grant the adoption, however, you (ideally read “your attorney”) must prove one of three things:

• Abandonment: the other birth parent abandoned the child for over a year and has not paid any child support or seen or talked to the child.
• Failure to Object: you properly served the other birth parent with the Adoption Request and they did not respond.
• Best Interest for the Child: a judge determines that the adoption is in the best interests of the child.

As you can see, obtaining consent is obviously the easier path.  Unfortunately, gaining consent is often easier said than done.  In any case, for the best results I recommend (as does the Los Angeles Superior Court website) that you consult with a family law attorney licensed to practice law in the State.  Finally, the Sacramento County Law Library website has provided a flow chart which may be helpful in understanding the process of adoption: http://www.saclaw.lib.ca.us/uploads/files/AdoptionFlowchart.pdf.

 

 

Usher wins custody battle after emergency court hearing

Usher has retained full custody of his two sons after his ex-wife, Tameka Foster, filed for an emergency child custody hearing for temporary primary custody of the kids in an Atlanta court.  Foster requested the emergency hearing last Tuesday after their eldest son nearly drowned to death at the singer’s home.

The 5-year-old was swimming in the singer’s pool with Usher’s aunt when he dove under water to retrieve a toy from the drain.  His arm then got stuck in the drain and neither his aunt nor a maid could free him.  Two contractors who had been working in the house reportedly came out and were able to get the child’s arm out.  Usher’s son is currently recovering in the hospital and he is expected to be fine.

During the hearing, Foster and Usher offered conflicting versions of the incident and what happened afterwards.  After two hours, the judge dismissed Foster’s petition.  

In California, child custody and visitation orders generally are modifiable throughout the child’s minority whenever the court finds a modification is “necessary or proper” in the child’s best interests.  When a party wants to modify a “permanent” custody order, it may only be done upon a showing of a significant change of circumstances so affecting the child that modification is essential the the child’s welfare.  Absent such a showing, any modification would be an abuse of discretion as denying the child the benefits of a stable home environment and thus would not be in his or her best interest.  The so-called “changed circumstances” rule furthers the Court’s goal of preserving the need for continuity and stability in custody arrangement, unless some significant change in circumstances indicates a different arrangement would be in the child’s best interest.

Although Usher’s custody battle was fought in an Atlanta court, applying California standards, the Court may have found that the incident was merely an accident and maintaining primary custody with Usher would have been in the “best interest” of the child.  Custody battles are never an easy war to fight.  There are numerous and complex issues involved in custody and child sharing cases.  If you or anyone you know has these issues, make the right decision and contact an attorney to advise you of the short- and long-term impact of any decision you make regarding child custody.