Understanding Child Custody Laws

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You’ve in the realms of getting a divorce. What should you know about custody laws?

  • Custody laws differ from state to state, so make sure you know and understand them as they relate to where you live. Questions? Ask a lawyer.
  • Custody laws are put in place to protect children. If one parent is mentally unstable, for example, full custody may go to the other parent with supervised visitations being held weekly for the other parent.
  • The desire of the child’s parents is also considered when deciding on child custody. One or the other parent may be better suited to take care of issues of schooling and medical care. One parent may even volunteer to be the custodial parent, while the other may say he/she feels incompetent for the task.
  • Joint custody may be offered—equal rights for both parents in the raising of their child, when both parents are equal in their ability to care and make decisions for the child.
  • Child custody laws are best understood through the assistance of a lawyer who can help you with the process.
  • Sometimes, visitation rights to one parent are denied because of potential injury to the child. Because the physical and mental health of the child is so important, if abuse has taken place, visitation rights may be denied to the non-custodial parent.
  • Visitation rights are not usually denied to those incarcerated or who have a prison record.

Understanding child custody laws is only your first step. The next is to get an attorney who can work with you and help you with the important task at hand.

Properly Planning for the Adoption Process

The adoption process can be expensive. It is estimated that the initial adoption process can cost anywhere from $10,000-$35,000 depending upon the agency, age of the child and where the child is being adopted from. This amount of money doesn’t even include how much it will cost once the child has entered your family. In a recent survey it is estimated that it can cost over $12,000 a year to raise a child. This means if you are planning on adopting a child you need to spend some time properly planning your finances as you it can be a fairly expensive process.

Properly planning your finances might not be as difficult as it sounds. By just taking the time to sit down and properly plan out your family’s finances you will be able to find ways to minimize your monthly bills and help make way for the expensive adoption process. Here’s a look at some ways that families were then planning on saving up for the adoption process have been able to minimize their family’s bills.

Downgrading Services. A large chunk of the family finances can often be going to cell phone, Internet and cable television. If you are looking at minimizing your family’s bills you can assess whether you can downgrade or eliminate some services. This can include not purchasing premium cable channels or getting rid of data plans on the cell phone. These downgrades can help you save money every month.

Refinancing Loans. Another great way to save money every month is to consider refinancing any type of loan that you may have. Mortgage or car refinancing can allow you to take advantage of lower interest rates and minimize your monthly car or mortgage payments. The amount of money that you can save every month can help you to afford the adoption process. This option is especially beneficial for those that have high interest rates on their car or mortgage.

Financial Aspects of Adoption

When one is considering adoption there are many things to consider including the financial aspects of adopting. Adoption can be a very expensive process, although there are some adoption options that are not as expensive as you would think. If you are someone who just wants to help children in need and want to offer a safe, happy, and loving home for a child you may want to look at all of the options available.

Adoptions from the United States foster system are the least expensive option. This type of adoption can offer little or no cost and in fact many states may even offer subsidies to adoptive parents. Next on the list would be stepparent and relative adoptions. These types of adoptions can be accomplished without too much cost involved.

When considering adopting through an agency or a private adoption the costs start rising. Agency and private adoptions can range anywhere from $5,000 to $40,000 or even more depending on many factors. Each state has different regulations and may have differing expenses involved in the adoption process. Depending on the situation there may also be additional cost involved due to expenses for the birthmother, travel expenses, or other factors. International adoptions are also expensive and can range anywhere from $7,000 to $30,000 again dependent on the specific situation of the adoption.

There is now tax benefits offered to adopting families. The tax credit applies to both international and domestic adoptions, although the process and forms for filing will differ with the type of adoption. Adopting parents are given a $12,150 credit per child for expenses incurred during the adoption process.

Although the cost to adopt can be overwhelming and may cause lower income families to feel that they do not have any option available to add a child to their family, there are options available to help with the cost of adopting a child. The tax credit mentioned above is one way. Other options include adoption grants, adoption loans, employee adoption benefits, military adoption benefits, and as mentioned earlier the lower cost option of foster care adoption.

Types of Adoptions

When people think of adoption, most people think right away of newborn or infant adoptions. However, there are many other children needing permanent loving homes. There are many different adoption options available for those wanting and willing to open their homes and their hearts to children in need of happy, loving homes.

Fost-adopt is when a child is placed into a special foster home which has agreed to adopt the child if they are not able to be placed back with the biological parents. Once the biological parents’ rights are permanently terminated the foster parents are able to adopt the child. This type of adoption is considered a legal risk adoption. This means that there is a risk that the child will be returned to the biological parents before adoption can happen. In this situation the foster parents are aware of the risk involved before agreeing to take the child in.

One of the most common forms of adoption is step-parent adoption. This type of adoption takes place when a step-parent takes full legal and financial responsibility for a child through adoption. In this type of adoption one of the biological parents has their parental rights terminated. This not only severs the legal connection with the biological parent but with their family as well. The laws governing this type of adoption vary from state to state.

Semi-open adoptions is a type of adoption in which the placing parents and the adopting parents may have some contact with each other through letters, pictures, emails, etc., and may even spend time together at the hospital during labor and delivery. With this type of adoption there is seldom contact between the biological parents and the adoptive parents after the adoption is finalized. In a closed adoption the adopting parents and the parents placing the child for adoption never meet each other and know very little if anything about each other.

Familiarize Yourself with Adoption – Part 1

Adopting a child is a selfless act of love and generosity. Adoption is not a new process, but the plight of unfortunate, parent-less children has never been as well known as it is today. With the recent increase of celebrity adoptions, renewed attention has been brought to the adoption process, and the happiness awaiting young children in need of parents.

If you are considering adoption, you will have several questions regarding type, cost, and legal issues. Of the three, types of adoptions are the most important as the type of adoption you chose will influence the cost and legal issues of bringing a new daughter or son into your family.

Before attempting to adopt a child, it’s important to familiarize yourself with the two most common forms of adoption: Agency adoptions and independent adoptions.

Agency Adoptions

An agency adoption is handled through a state regulated agency that places children with parents interested in adopting. As a state agency, the adoption agency is licensed to offer adoption services. There are two types of adoption agencies: Public and private. A private adoption agency is typically run by a charitable organization or is affiliated with a social service agency. Private adoption agencies usually assist expectant parents, who did not wish to keep their child, find loving adoptive homes. In contrast, public agencies typically care for wards of the court, who have been removed from their home because they have been orphaned or are victims of abuse, neglect, or abandonment.

Independent Adoption

Independent adoptions are handled directly between the expecting parents and the adoptive parents. In an independent adoption scenario, a clergy member or a physician may refer the potential adoptive parents to an expectant couple who wishes to give their child up for adoption. Independent adoptions are highly regulated and not allowed in all states. Because of the legal issues involved in setting up an independent adoption, legal representation by both parties is highly recommended.

Open versus Closed Adoption

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If you are researching adoption options, then you have heard of the terms “open adoption” and “closed adoption.”Because both types are associated with agency and independent adoptions, it’s   important to understand the difference and how an open or closed adoption might affect you as an adoptive parent.

A closed adoption involves no contact or information exchange between the birth parents and the adoptive parents. In a closed adoption, the birth parents notify the adoption agency of their intent to give up their child for adoption. The agency then identifies the most suitable parents for the child, and arranges the adoption. After the adoption, the records are sealed from anyone seeking information about the birth parents, adoptive parents, or the child.

Closed adoptions were more common in the past, and today are not performed very often. The downside of a closed adoption is the birth parents have no idea what type of family has adopted their child. In addition, adoptive parents have limited information on the birth parents regrading health and family history.

Open adoptions are more common, and allow birth parents to screen potential adoptive parents and choose the best fit for their child. With open adoptions, adoptive parents may be allowed to accompany the birth mother on doctor’s appointments and attend the birth. In an open adoption, the adoptive parents agree to keep the birth mother and father up to date on the child’s growth with pictures, letters, and possibly visits.
The benefit of open adoption is the level of interest and involvement displayed by both set of parents. However, critics suggest open adoption can lead to confusion on the child’s part, as he or she is unsure who their “real” parents are. Anxiety is often associated with open adoptions, as the birth parents may attempt un-authorized contact with the child, or reconsider the adoption, long after the fact.

Seeking a Child to Adopt

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Finding a child to adopt may be more difficult than you anticipated. Adoption agencies always have children in need of a good home, but the challenge is in the tremendous amount of individuals seeking children to adopt. If you want to adopt a child, but find the agencies are unable to help, then it’s time to become proactive.

If you want to locate a child who is available for adoption, here are a few suggestions:

1.Make contact with adoption and family law attorney s. Lawyers working with families may be able to help you identify children in need of adoptive families. In some cases, you may be placed in contact with a birth mother who is pregnant and seeking parents for her unborn child.

2.Churches and other religious groups may be able to put you in contact with young mothers seeking adoption for their children. Some organizations may even operate licensed adoption agencies.

3.Sometimes, the best source of information is right in front of you. Ask your friends, relatives, or co-workers if they know of any couples looking for adoptive parents. If no-one knows of anyone, ask them to keep a look out, and notify you if any information pops up.

4.Ask your family doctor is he/she knows of any mothers looking to give their child up for adoption. If your doctor doesn’t know of anyone, perhaps you can make contact with local obstetricians who may be in contact with someone who wants to place their child with an adoptive family.

5.If the above options yield little results, you may want to consider non-traditional search methods. A few successful adoptions have resulted from advertising. When using this method, you will place your availability to adopt in a magazine or newspaper advertisement. Internet research may also provide you with an opportunity to find a child in need of adoption. However, any contacts or arrangements you make through the internet must be thoroughly researched and legally verified.