Adoptions & Guardianships

As family law attorneys who have practiced in and around Ventura County for more than 30 years, the Oxnard law firm of Richard Ross Associates is capable of providing expert service in a caring environment for individuals and families dealing with the legal issues surrounding adoption or guardianship proceedings.

Adoptions

It is not uncommon for a couple to marry when one spouse already has a child from a previous marriage.  Depending upon the circumstances, the stepparent spouse may wish to legally adopt the child.  If the birth parent is still living, he or she must either consent to the adoption or have abandoned the child for more than a year without any contact or payment of child support.  In this case, the birth parent must be served with notice of the pending adoption.  The birth parent will have the opportunity to appear at the hearing and object to the adoption, in which case the judge will decide whether to grant the adoption in the best interest of the child based on the evidence and presented.  Children 12 years or older have the right to consent or object to the adoption.

The situation is similar if a domestic partner, grandparent, or other relative wishes to adopt.  If the birth parent is still living, an adoption by another will cause the termination of parental rights in the birth parent and transfer those rights (and legal responsibilities, such as financial support) to the adopted parent.

Adoptions by persons other than the stepparent or domestic parent may be accomplished by independent adoption, by agency adoption through a licensed adoption agency or the California Department of Social Services, or by international adoption.

Guardianships

A guardianship allows a person other than the child's parents to make legal decisions on behalf of the child.  A guardian can be appointed when the child's parents are incapable of caring for the child due to death, incapacity, or other reasons.  A guardian may be appointed over the person or the estate.  A guardian of the person takes physical and legal custody of the child and is responsible to the child's care, safety, and well-being.  A guardian of the estate is appointed to manage the child's finances until he or she turns 18.  It is quite possible for the same person to be appointed as both guardian of the person and the estate.

Like adoption, a guardianship results in a termination of the parental rights of the birth parent.  If you are a party to an adoption or guardianship proceeding, having quality legal representation is essential to making sure your legal rights are protected and that your interests are fairly represented.

Effect on Divorce

Since an adoption or guardianship transfers parental rights from one party to another, the adoptive parent or guardian assumes the right to custody as well as the obligation for support.  At the same time, these rights and responsibilities are extinguished as to the birth parent.  These matters can therefore have an impact on child custody and child support orders in a divorce.

Caring and Capable Legal Representation

The philosophy at Richard Ross Associates is "Family Law With A Heart."  We appreciate the difficult emotions that must be dealt with as decisions are faced regarding divorce and adoption, and strive to meet our clients' objectives with compassion, while providing high-quality legal services.  If you have legal needs concerning an adoption or guardianship in Southern California, contact Richard Ross Associates for assistance.