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What is Contested Adoption?
Adoption can be a joyful and life-changing event for the parties involved. However, the process can sometimes have various setbacks that make it challenging. In the case of a contested adoption, it happens when the child’s biological parent objects to the process, sometimes expressing their preference for who they would like to parent the child.
In most cases, the child’s mother places the child for adoption, but the father objects. Other instances of contested adoption can occur in state-initiated or welfare adoptions. If you’re going through a contested adoption, consult skilled family lawyers in Overland Park to help you evaluate your rights and options.
What Happens in a Contested Adoption Case?
In a standard adoption process, the child’s birth mother develops an adoption plan, which includes selecting the adoptive parents. The child is placed with the adoptive family after birth while the court processes the birth mother’s termination of rights and transfers custody to the adoptive parents.
Adoption attorneys in Overland Park highlight that the specific time the process takes varies based on various factors. During this time, the biological father may decide that he wants to parent the child himself, which marks the beginning of a contested adoption. Other reasons why adoption may be contested are:
- A legal parent contests a previously executed consent, surrender, or waiver
- A biological parent contests prior termination of their parental rights
- A putative father contests their standing or ability to become involved in an adoption
In such cases, the contesting party can challenge the adoption in court, halt the proceedings, and request a contested adoption hearing.
Understanding a Contested Adoption Hearing
When a biological father contests his child’s adoption, all parties must appear for a consent hearing in court. The hearing aims to enable the court to assess if the father followed all the appropriate measures and demonstrated the appropriate demeanor during the child’s mother’s pregnancy.
The court may find the father’s objection valid, in which case the adoption cannot proceed. The court may also side with the adoptive parents, decline the biological father’s objections, and schedule a best interests hearing. During the hearing, the court assesses which party is best suited to provide the child with a more permanent and stable life, forming the basis of the custodial decision.
What are My Options as an Adoptive Parent in a Contested Adoption?
A contested adoption can be emotionally draining, complex, and time-consuming. It would help to have as much legal support and guidance as possible to help you gain a favorable outcome. Skilled Overland Park lawyers can:
- Explain and discuss your legal options
- Help you make the most appropriate decision
- Explain your legal rights and obligations
- Provide legal representation during the process
- Prepare and review the relevant paperwork
- Discuss any eventualities you may have overlooked
- Advocate for your rights
- Ensure you comply with all applicable laws, ethical rules, and best practices so that the outcome is legally secure.
Your lawyers will help you take steps to avoid finding yourself in the middle of a contested adoption.
Steps to Avoid a Contested Adoption
Before starting the adoption process, it’s crucial to understand the biological father’s perspective on the adoption. Conducting a background check can alert you of the potential red flags that may further complicate the case.
It’s essential to work with the birth mother to establish accurate paternity and the father’s intentions. Note that the birth mother may state that the biological father is unknown or uninterested. Even so, only formal paperwork relinquishing parental rights and a positive paternity test can safeguard you against potential contentions.
Generally, even if a biological father contests an adoption, you can still be awarded custody of the child if the court determines the father is unfit to parent or did not follow appropriate standards before the adoption proceedings. Skilled adoption lawyers in Overland Park can help you fight for the most favorable outcome.
What Are the Obligations of Birth Fathers in Contested Adoptions?
If a biological father believes their child is being placed for adoption by their birth mother and wishes to maintain their custodial rights, the law obligates them to take several crucial steps. Claiming paternity is not enough, and it’s vital to be aware of the required steps to challenge the adoption.
A paternity test must be established legally through DNA testing. The father must also demonstrate reasonable support to the birth mother throughout the pregnancy, including consistent financial support. He must also adhere to adoption laws, especially those that govern contested adoption.
Determining paternity and establishing a legally binding agreement with the birth mother before she relinquishes her rights over the child often provides the most favorable outcome for birth fathers who wish to parent their child. Family attorneys in Overland Park can provide more insights into the process.
Navigating Contested Adoption with the Help of Skilled Adoption Lawyers
Adoptions can sometimes be contested if a biological father is not willing to relinquish their rights over their child. Resolving contested adoption can be challenging without the help of experienced family lawyers in Overland Park. They have the skills and knowledge to help you navigate the intricacies of the process to help you obtain a favorable outcome.
The court process can be lengthy and complicated, so it would be in your best interest to retain compassionate adoption lawyers in Overland Park. Barnds Law LLC has dedicated lawyers who work hard to help clients create families. We can evaluate the case circumstances and advise you on your legal options if you’re going through a contested divorce. Trust us to handle the legal paperwork and ensure the case proceeds smoothly while protecting your interests and those of the child involved.
