Greenville Adoption Attorneys
Allow Our Family Law Firm to Work for You
For many people, adoption is an exciting process that can solidify their family as a cohesive unit. Whether a parent has remarried and their spouse wants to legally adopt their stepchildren, or grandparents want to formally adopt their grandchild, adoption offers options for all kinds of people and allows them to provide for their children’s safety and future. Hayes Law Firm Upstate Attorneys, LLC, is a family-oriented firm, which means we understand the emotions and risks involved in family-related matters. Our Greenville adoption attorneys work closely with clients to learn about the unique situations and goals, and we can help you throughout the adoption process whether the other biological parent has agreed to the adoption or not. We can be by your side as you navigate this joyful time.
Obtaining Consent from Birth Parents
In all stepparent adoptions, the consent of the birth parents is required, including the consent of the birth parent who the stepparent is not married to. This can often be challenging, as the process means the birth parents must give up all their parental responsibilities. However, there are certain situations in which a birth parent can have their rights terminated if they don’t consent.
Parental rights can be terminated if you can prove that the other parent isn’t the biological father, if they’re unfit, or if they’ve abandoned the child.
When the Birth Father Isn’t the Father
When a child is born to a married couple, in all states, the husband is recognized as the presumed father, but if you can show that the birth parent is not the actual biological parent, you don’t need their consent to adopt the child or children involved. However, each state has its own “presumed father” definition. If the parent meets one of the requirements of your state’s definition, their consent may still need to be required.
At a scheduled fitness hearing with the state court, the court can deem whether the other birth parent is abusive, neglectful, has a mental issue, is addicted to alcohol or drugs, is incarcerated, or has failed to visit. If they determine the birth parent to be unfit, you don’t need to acquire their consent to adopt.
A parent can be accused of abandoning their child if they have not communicated or provided financial support for the child for a certain length of time – one year, in most states. If a parent is found to have abandoned their children, their parental rights can be terminated.
How We Can Help
Hiring an adoption attorney can help when it comes to filing all your paperwork and interpreting legal jargon. Our attorneys understand that you want to make the adoption legal as soon as possible and can work efficiently to file your documents and help you obtain consent from the other birth parent, if needed.
If the birth parent challenges you, our team can also investigate the situation and determine whether their parental rights can be terminated. You deserve to be united with your family and have the ability to protect your children. We can get started on your case as soon as you call.