Today, more than ever, children are being raised by third parties, including step-parents. When the non-custodial, biological parent does not stay involved in his/her child’s life, this often leads the step-parent (and child) to want to adopt. If the other biological parent is deceased or consents to the adoption, there is no legal barrier to prevent the adoption (assuming the other statutory requirements for adoption are met, such as having a home study). This blog address when a (living) biological parent’s consent is not required for the adoption filing, the biological parents ...
YOUR RIGHT TO “LEGAL NOTICE” FOR DUE PROCESS Almost everyone has received mail that they might be entitled to be in a Class Action law suit. Because of the sheer notice of lawsuits filed in Indiana (and other states) in the course of a year, the Indiana Supreme Court has decided a key case about what you must know to comport with the law. Specifically, in the Adoption of B.C.H (2014), the Indiana Supreme Court accepted transfer of a case the Court of Appeals affirmed. Among other ...
February 19, 2015 / Adoption
Adoption (which is hand in hand with termination of parental rights) is unique in that it can completely sever forever and all time a natural (or prior adoptive parent) parents (constitutional and fundamental) right to raise his or her own child with limits on a state’s right to interfere. The way adoption does this in legal terms is by consent of every person with a legal interest in the adoptive child’s right. In many cases, written consent under the Adoption Act1 may be waived. However, unless given in writing or found ...
Ciyou & Dixon, P.C. - Attorneys At Law, Bryan L. Ciyou and Lori B. Schmeltzer to present oral argument of B.C.H adoption before the Indiana Supreme Court, Thursday, September 25th, at 09:45am. Click here to review the Indiana Court of Appeals opinion. Click here to watch the Oral Argument before the Indiana Supreme Court.
According the Census Bureau, in 2009, 7.8 million children lived with at least one grandparent, a 64% increase since 1991, when 4.7 million children lived with a grandparent1. While the census only addresses grandparents raising their grandchildren, this is a strong indicator of trends in society wherein more third parties (grandparents, aunts/uncles, friends, etc.) are raising the children of other people. When these situations present themselves, there are many legal issues that need to be addressed. First, as a general rule, there is a strong ...
After review from the House of Representatives of the Indiana legislature, the proposed legislation, Senate Bill 27, was returned to the Senate with the House’s proposed changes, for approval before a final vote. Senate Bill 27 addresses some issues that may arise during adoption proceedings to streamline the judicial process, and protect the natural parent’s constitutional rights to raise his or her child. Under current Indiana law, if third parties file a Petition for Adoption of a Minor child, ...
September 3, 2013 / Adoption
The story of Baby Veronica has been making headlines in the recent weeks following a transfer of the case from the South Carolina Supreme Court, to the United States Supreme Court, and the resulting United States Supreme Court decision overturning the ruling by the South Carolina courts. In the case of Adoptive Couple vs. Baby Girl, Biological Father and Mother ended their relationship while Mother was pregnant.1 Biological Father ...
There are two general types of adoptions of a minor child. The new family adoption, and the step-parent adoption. First, the new family adoption, which terminates both the Mother and Father’s parental rights, and the new family (new mother and father) acquire the same parental rights as the biological parents once had.1 The second type of adoption is commonly known as “step-parent” adoption. A step-parent adoption only divests one parent of his or her parental rights in ...
Adoption laws and cases can often be complex and full of many twists and turns. Today I want to focus on adoptions involving family members, close friends, or often Foster parents vs. new family type adoptions. In many cases, family members, friends, or foster parents spend significant time raising a child, and/or a natural becomes unable to care for his or her children. We have addressed the issues of third party guardianships over minor children, and de facto custodians in prior blogs, but when this ...
As the family dynamic shifts from the nuclear family to a more extended and/or unconventional family unit, persons other than parents are often helping to raise children. For example, a grandparent might raise a child if the parent is unwilling or unable. Or, a step-parent may become a primary caregiver while one parent is not involved with the child. In some cases, adoption of the child may be a logical step by another party. Step-parent adoption is one ...