Adoptions are considered “Special Proceedings.” This is a variety of a civil case, but is specific to the Clerk of Court’s jurisdiction. Absent a contested issue, the matter will be handled administratively and parties may never see the inside of a court room.
Adoption can come in a variety of forms. The most common is adoption through a foster care case with DSS/CPS, or a step-parent adoption. But what do these mean and how are they different? Cases involved with DSS/CPS rarely require outside counsel as the Department usually handles filing the necessary petition and supplemental paperwork. The foster family only need to worry about signing paperwork and maintaining their household. In some cases, the Department may not be moving quickly, or moving in a manner that the foster family does not agree with. In certain situations, foster families seeking to adopt can hire private counsel to pursue the adoption if CPS is failing to do so timely.
Private parties have more work to do. Step-parent adoptions are exactly what they sound like. One parent has remarried, and their spouse would like to adopt and serve as that child’s second parent. In order to do so, private parties need to obtain necessary consents from the non-spouse biological parent, or file to terminate an absent parent’s parental rights. They will be required to complete home studies, in some cases, as well as prepare the necessary Orders for the Clerk to review. While none of these forms independently are difficult to complete, the volume and time necessary to complete them can be overwhelming without knowledgeable counsel to guide families.
Adoptions are rewarding experiences to assist families with and can allow them to complete their families legally. If you have an adoption question, or think this may be right for your family, give us a call today.