California Divorce Blog

February 2012Monthly Archives

Adoption Law: Qualifications of Prospective Adoptive Parents

Although the laws that regulate who can adopt will differ in every state and agency, there are general requirements that most adoption agencies will consider with regard to adoption. Some of the factors to be considered as part of the evaluation process when adoptive parents seek adoption focus on determining if a child placed with these parents will be in an environment that is safe and stable with loving and supportive parents who will guide and nurture the child.

Marital Status

In general, it will be easier for a married person to adopt than a single individual. This is because one of the main reasons why many parents want to place their children for adoption is that they believe as single parents, they will not be able to provide their children the attention, care and opportunities that it could have if it were raised in a two-parent family.

Length of Marriage

A minimum of a three year marriage is a usual requirement if an adopting parent is married.

Previous Marriages

Divorced persons are allowed to adopt legally. Practically, this will not be a conflict as long as the current marriage is stable and the present spouse is supportive and also want to adopt.

Adoptive Parents’ Age

Generally, the minimum legal age for adoptive parents is 18 years old. Although some agencies will now consider adoptive parents who are older, most agencies use 40 years old as the upper age limit. In most circumstances, adopting parents are required to be at least 20 years older than the child they are adopting. However, there will always be exceptions to these rules under particular situations. Also, there should be generally an age differential of no more than 40 years between the child and the adoptive parents. However, exceptions may be made if the adoptive parents are really healthy and active.

Health Issues

There are some agencies prevent adoption by those who are obese or underweight, though there are also exceptions to this rule. Agencies consider that an adopted child need an opportunity to grow to maturity with both of his or her parents around since it will be traumatic for any child to experience the premature loss of a parent.

Disabilities of Adoptive Parents

Having a disability does not necessarily disqualify an adoptive parent from adopting a child. Ultimately, an agency will focus on the ability of the adoptive parent to appropriately care for a child and to meet its needs during its entire childhood.

Financial Status and Stability

It is essential that an adopting family will be able to manage its family income and other resources to sufficiently support all of its children including the child the family wants to adopt. The stability of employment by the breadwinner in a family can create a great impact not only on the financial well-being of a family, but its social and emotional well-being as well. Thus, a history of employment stability and the future employment stability are always considered by birthparents.

Medical Records

A complete medical history will be required for all adopting parents. In other instances, a psychological evaluation may also be required.

Criminal Background Check

In an attempt to uncover evidence of any prior legal or criminal problems, or any problems with child abuse, financial instability, or substance abuse, adoptive parents will have their backgrounds checked carefully.

It is important to be honest about problems in your past before the background check is done. Also, you must consult a family law attorney in order to discuss other specific eligibility requirements and placement options with you.

Stockton Divorce

This is an article on divorce in Stockton, California, which is located in San Joaquin County.  The Superior Court handles all family law matters, encompassing the dissolution of marriages (divorce), child custody, visitation, paternity, child support, and alimony.  Department F2 handles the daily docket of family law matters. If your matter is in the LA area you should take a look at this site for additional information on California divorce and family law.  There are articles as well as a fairly active community that will give you a lot of insight into what to expect as far as the LA area divorce scene.  Please take a look and give us your thoughts below in the comment section.

Fort Bend Divorce

Here is an excellent post on Fort Bend divorce.  It will be very helpful for the residents of Fort Bend County, Texas who have a family law or divorce case.

Bakersfield Divorce

This post gives information and details about how to get a dissolution of marriage in Bakersfield, California. Bakersfield is situated in Kern County. Marital Law cases are addressed by the Superior Court. For people who are trying to handle their own family law case the county has a “Self Help Center” which is located in the law library at 1415 Truxtun Avenue on the 3rd Floor, Bakersfield, California 93301.

The family law section of the Kern County Court system handles cases involving divorce, family violence, legal separation, annulment, child assistance, child custody, and visitation.

Here are some questions commonly asked by those who are getting a divorce in Bakersfield.

Is a trial absolutely necessary before I can get divorced?

A person getting a Bakersfield divorce can have a trial but it not a requirement. Nevertheless, it isn’t the only way to get your divorce concluded. Many cases are resolved by the parties simply reaching a settlement agreement, either with or without the assistance of attorneys. Often this happens as a result of mediation. Parties go to a third-party mediator who assists them in attempting to resolve their case.

Is it necessary to have a legal separation in my divorce situation?

It’s frequently asked whether it’s mandatory for one of the parties to obtain a legal separation prior to a divorce being finalized. As the system works a legal separation and divorce have effectively the same result legally, other than the remaining marital status within the case of legal separation. However what the separation date is can be extremely important because it is a key variable in the division of property.

How long must I pay child support?

Payment of child support in a situation involving children is mandatory until the child reaches the age of eighteen. However if the child is still in high school at the time of the eighteenth birthday, then the support can continue up to age nineteen. Also, when a child’s permanent disability is at issue, the court can order the parents to provide continuing assistance indefinitely.

Is this divorce case ever going to end?

How long a divorce case will last is very unpredictable. Occassionally cases take just a few months, while others take a year or more, with most cases being somewhere in between the two.