A qualified divorce attorney will regularly communicate with you, empathize with you and give your case the attention and seriousness it deserves. Being in the middle of a divorce can be a stressful and emotional experience. But things can get even more complicated and confusing if you’re dissatisfied with your attorney. If this happens, you’ll likely find yourself asking: “Can I change my attorney once divorce proceedings are underway?” Yes! You can appoint a new divorce attorney to take over your case. Here’s a closer look at why you might want to change your divorce attorney and how to proceed. Figuring Out the Problem with Your Divorce AttorneyBefore you do anything rash, it helps to identify the problem with your divorce attorney. Why are you frustrated? What exactly is the problem? Is your case going too slowly? Are you not getting the results you expected? Are you not getting any results at all? Maybe the problem is that you don’t know whether you are getting results or not because your divorce lawyer never talks to you. Or, maybe you think your lawyer is charging too much. Whatever your issue is, if you want to address it effectively, you have to start by identifying it correctly. Time for a Reality CheckAfter you know what the problem is, your next step is to figure out the source of the problem. Is your divorce attorney the problem? Or, is it you? (Ouch! Hang with me here. You may not want to hear this, but if you’re willing to be just a little bit self-reflective, it could save you thousands of dollars.) The divorce system, as a whole, doesn’t work the way most people think it does. You can’t just waltz into a court room and tell the judge your story the way you would tell it to a friend in the bar. Unlike the divorce court on T.V., people rarely get to speak to the judge, and only completely uncontested cases are resolved in 30 minutes or less. Cases often take months or years to wind their way through the system. In the meantime, lawyers go to court again and again in the same case, attending countless status conferences, hearings, and pre-trial conferences. It’s frustrating! So, when you’re trying to figure out if the problem in your divorce is your divorce lawyer, you have to start by assessing your own expectations. Is it realistic for you to have believed that your case would be done by now? Are your settlement demands out of line? Do you expect your lawyer to win every hearing? If your expectations are unrealistic, then changing divorce attorneys is not going to solve your problem. It’s only going to cost you more money, while leaving you just as frustrated as you are now. How Do You Know What You Don’t Know?If you don’t know whether or not your expectations are realistic or not, go to another divorce lawyer and get a second opinion. You may have to pay for a consultation, but even if you do, it will be money well spent. If you are a celebrity, or you have a lot of money, any divorce lawyer you go to for a second opinion may be salivating at the chance to take over your case. If the lawyer you go to for a second opinion seems a little too critical of your current attorney, or seems to be promising you too much, take a step back. I know that talking to yet a third attorney is the last thing you probably want to do, but under these circumstances, it may be worth it!) What if Your Divorce Expectations are NOT the Problem?Once you’ve ruled out your own expectations as being the source of your problem, the next step is to take a good, hard look at your attorney. If your attorney is doing any of these things, then changing attorneys during your divorce might make sense: You might also want to change attorneys during your divorce if you and your attorney no longer see eye-to-eye on your divorce strategy, or if you just don’t trust your attorney any more. Remember though, no matter why you change attorneys during your divorce, doing so comes at a price. How to Find the Right Divorce AttorneyExperience and good reputation are the two most important factors to consider when choosing a divorce attorney. Make sure your new attorney is reputable, experienced, and has handled cases similar to yours. Having an attorney with several wins under their belt will make you feel comfortable and confident about your case’s progress. Also, choose a divorce attorney with a track record of getting things done quickly and efficiently. They should also be willing to attend to all your case’s needs throughout the divorce process. Once you’ve settled on a new divorce attorney, ensure to go over your case with them in detail. Be open and answer all their questions truthfully. Switching AttorneysThe decision to change your representation can be difficult to make, but a switch may ultimately be better for your interests and the resolution of your case. While going through the emotional ups and downs of a divorce and coping with the loss of control that this process brings to your life, it can oftentimes be difficult to make key decisions about your case. Still, before choosing to take the gloves off and bring in the pit bull to handle your divorce, consider these guidelines relating to the when, why, and how of switching your attorney. Whenever, wherever. You have the right to change your attorney at virtually any point during your divorce proceedings. Your retainer agreement does not require you to keep your present attorney indefinitely especially when you don’t think it is working out. The rare instances where you might be prohibited from changing your counsel are if you are close to trial or in the middle of a trial. In that situation, you must get the approval of the judge in order to ensure the change will not delay the trial or cause an unfair disadvantage to your spouse. What’s my motivation?Before deciding to make a change, however, it is important to ask yourself why you think this would be a good decision and what dissatisfies you about your current attorney. There are plenty of reasons why clients choose to switch their attorneys. The attorney and client may disagree on how the case should be handled. The attorney might not be keeping costs and fees reasonably controlled. The attorney might not be keeping the client well informed on the progress of the case, nor returning phone calls and letters in a timely manner and paying enough attention to the case in general. Personality clashes may simply make doing business with the attorney too unpleasant to be productive. If the attorney’s style is too aggressive or not as aggressive as the client would like, a change may be warranted. If your attorney appears disorganized or overcommitted and cannot give your case the attention needed, a change may be due. What’s my need?If your attorney is out of his league in comparison with the other attorney, it may pay to upgrade and hire an attorney with more experience or specialized skills. This may involve paying a higher hourly rate, but in many cases, you get what you pay for, and a high quality attorney can often get the job done more effectively. Mistakes made can be extremely costly, both in the short and long term. If you need a real “fighter” but choose an attorney who prefers to settle, you will feel unrepresented. If you want to settle, but choose an attorney who prefers not to explore settlement, you may feel betrayed and abused (fighting can be expensive and should only be resorted to when other options are not feasible.) Either way, it is you, and not the attorney, who has to live with the end result. If you know your divorce is likely to end up in court, choose an attorney who is an able litigator who can take you through the whole process competently. You need someone who is well prepared, able to negotiate where possible, but able to go the whole way if needed. Good, sound judgment and knowing when to fight and when to settle is probably the most important skill that your attorney should possess. If you are uneasy because there is no synergy and trust with your attorney, you need to talk about your concerns openly with your attorney, and if things don’t improve, move on. If you are reluctant to change attorneys because you have invested so much with your current attorney, remember that bad representation is often more expensive in the long run. If you are afraid of hurting an attorney’s feelings, don’t be. Attorneys are professionals who understand that not every combination of client/attorney is a good one. Whatever the reasons you have for concern, consider talking them over with your attorney to see whether or not the issues can be resolved. Try to be realistic about your own demands and contribution to the problem. Are you acting irrationally and expecting your attorney to perform miracles and achieve results that no attorney could be expected to obtain? Beware of listening to your spouse who may try to persuade you to ditch a very competent attorney under the guise that the case would be settled quickly without them. It’s tempting to give up the struggle and try to settle with your spouse without your attorney, but if your spouse is more powerful and a better negotiator you could regret that decision. How it’s doneOnce you make the decision to change attorneys, you need to contact your current attorney and notify their office that you have appointed another attorney or have your new attorney do that on your behalf. Your file needs to be transferred over to the new attorney’s office. Your new attorney will prepare a document called a Substitution of Counsel. This document officially informs the court and the other parties that you have a new attorney and requires signatures from your new attorney, and the previous attorney. If there’s troubleWhile most attorneys will sign the Substitution of Counsel and send your new attorney your files, on occasion some attorneys may not cooperate. This may be because you still owe money or due to the attorney’s tardiness. Your prior counsel may not prejudice your case by holding your file if work needs to be done. It’s in your handsThe decision to switch attorneys can be a difficult one, and it is important to make sure you are doing it for the right reasons. You should carefully interview and scrutinize a substitute attorney because switching attorneys numerous times can make reputable attorneys think twice about accepting your case. Avoid creating the impression to new counsel and the Court that you are impossible to work with. Feel free to obtain a second opinion if you are in doubt. It’s your right and you need to do what is best for your situation, your protection, and your future. What Happens if You Change Attorneys During Your Divorce?Just because you’ve determined that it’s time for you and your divorce attorney to part ways, that doesn’t mean that doing so will be easy – or cheap! If your case is in court, you may need permission from the judge to fire your attorney. While most judges will readily grant your request, if you’ve got a trial date coming up soon or, worse yet, if you’re in the middle of a trial, the judge may be reluctant to allow you to let your divorce lawyer go. Before allowing you to dump your divorce lawyer, the judge may require you to agree that your trial will proceed as scheduled, even if you don’t have a new lawyer by the trial date. While you may think that’s not a problem, a lot of divorce attorneys will be unwilling to take over a case that is going to trial in a week or two. So, unless you’re prepared to try your case yourself (which is NEVER a good idea!) changing your divorce attorney at that point may be rough. Even if nothing is happening in your divorce case at the moment, changing divorce lawyers mid-stream will cost you money. How much it costs will depend on how complicated your case is and how close you are to trial or a major hearing. The Cost of Changing Attorneys During DivorceYour new lawyer will have to review everything that has gone on in your case up to that point. S/he will have to go through all of your financial documents, and your spouse’s financial documents. Of course, you will have to pay your new lawyer to do all of that. If your divorce case has only been pending for a few months then switching lawyers may not cost you all that much. The same thing is true if your divorce is relatively simple. But if you and your spouse have been locked in battle for years, or your case is complex, then paying a new divorce attorney to spend days going through your file can be expensive. Remember, too, that your new attorney is probably going to want a retainer before taking your case. Depending upon your case, that retainer could range from a few thousand dollars, to tens of thousands of dollars. If you don’t have that kind of money to give a new attorney, you may have trouble hiring one. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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4.9 stars – based on 67 reviews
What Is The Process For Adopting A Child? Can I Adopt A Child If I Am Single? Can I Adopt A Child If I Am Transgender? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-i-change-attorneys-once-divorce-proceedings-are-underway/
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For a transgender person contemplating parenthood, it is important to be aware of several legal issues that can arise relative to parental rights. For example, you may be considering surrogacy, adoption, or having children biologically, and these are all processes that carry their own unique set of legal implications. Additionally, in cases where parents come out as transgender or transition after having children, an ex-spouse or partner may use that parent’s gender identity as a basis to challenge, restrict, or deny child custody or visitation. While some parenting challenges have been ameliorated with the Supreme Court’s legalization of same-sex marriages for transgender parents who are married, obstacles may remain for those that are unmarried or in domestic partnerships. Often judges do not have a good understanding of gender identity issues, and they also have a small body of inconsistent case law to draw upon as guidance. Legal Issues Related to Prospective ParenthoodIf you are transgender and wish to become a parent, your options may include conceiving a child with your partner, adoption, surrogacy, or adopting your spouse or partner’s children from a past relationship. Each state follows different laws related to surrogacy and it is crucial to retain an attorney experienced in LGBTQ issues to determine whether surrogacy is permitted in your state and what the particular state rules are with respect to LGBTQ couples. When a transgender parent will not be biologically related to a child, it is especially important for that parent to adopt or obtain a parentage judgment as soon as possible after the child is born. If you are unmarried, you should also create a parenting agreement that lays out each partner or spouse’s responsibilities and rights related to the children. An agreement with your partner will not make you a legal parent, but many courts have recognized that provisions allowing someone other than a biological parent to have custody or visitation may be enforceable in court. This type of agreement may be useful to show your and your partner’s intentions. For some same-sex couples in which one of the partners is transgender, it is possible for the couple to conceive and both be biologically related to their child. If these partners are legally married when they conceive the child, they both should be automatically presumed to be the legal parents of the child. This means that in many states, if they get a divorce, they will remain legal parents unless a court terminates one or both of their parental rights. However, even transgender parents who are biologically related to their children may face complicated parentage challenges when they use assisted reproduction or when they remain unmarried. For example, if you are a transgender woman who has a child with a partner to whom you’re not married by using your own sperm, under some state laws, you may be considered a donor that has no parental rights. You may be able to obviate potential challenges to your legal rights as a transgender parent by obtaining an adoption or parentage judgment. As a general rule, a final adoption cannot be challenged later by either of the parties to the adoption. However, you should be aware that one state, North Carolina, has invalidated a final adoption. Parentage judgments are less common than adoptions. However, obtaining a parentage judgment can be a good option for non-biological and non-adoptive parents that are already recognized by their state laws as legal parents because they are married to the other parent. Even transgender biological parents that are named on their child’s birth certificate should adopt or get a parentage judgment to be on the safe side. All states are required by the Full Faith and Credit Clause of the federal Constitution to recognize court orders, such as adoptions and parentage judgments. This means that if you obtain either of these as an LGBTQ parent, it should be recognized in every state, even if that state’s own laws would not permit you to adopt. Parental Fitness ChallengesFormer spouses or a judge may use a transgender parent’s gender identity or transition as a basis for limiting or even denying custody or visitation, arguing that the parent’s gender identity will adversely affect a child’s well-being. In most states, the court looks at the best interest of the child when making its first determination about custody and visitation during divorce or separation proceedings. Each state varies as to what factors a court can look at when it determines a child’s best interests. Often the factors include the quality of a child’s relationship with each parent, each parent’s willingness to support the child’s relationship with the other parent, the parent’s ability to look after a child’s needs, and the stability of home life with each of the parents. Where a child is considered mature, the child’s own wishes will also be considered. Generally, courts follow the rule that it is important for a child to continue to have guidance from both parents following a divorce. This means that visitation is granted liberally unless a parent is considered a threat to the child’s emotional or physical wellbeing. Even in those cases, the court usually orders supervised visitation rather than severing a parent–child relationship. If a parent wants to modify an existing custody order, the parent has to show there is a significant change in circumstances since a prior order and that the proposed modification is in the child’s best interests. Most courts have no state case law to draw upon when determining whether a parent’s transition or gender identity has any bearing upon a child’s best interest. However, case law where it does exist varies. The unpredictability and importance of child custody proceedings means that it is crucial to retain an experienced family lawyer to represent your interests in court. In many cases where the results were favorable to a transgender parent, the transgender parent’s legal team presented testimony from expert witnesses like psychologists and psychiatrists. This allowed the court to have more information than they would have had if they relied on the other parent’s experts about the child’s best interests. If you’re transitioning, it can help to plan the transition with the guidance of a doctor or therapist. That person can also offer testimony on your behalf. Similarly, it can help to consult a child development expert, such as a child psychologist, about how to make any necessary adjustments as smooth and easy for your children as possible. Cooperation between parents is also helpful in making sure your child’s adjustment is easy, and this may also influence a court when it looks at the child’s best interests. Legal Parental StatusAfter the death of a spouse or other serious events, transgender parents may face challenges to their legal status as parents from their spouse’s relatives, particularly if they are not biologically related to the child and their status as parents was based on a marriage. In most cases, there is a presumption that the child of two parents is their child if they are married. This presumption may be especially vulnerable to challenge in the context of same-sex marriage in states that did not recognize same-sex marriage prior to the legalization of same-sex marriage. In many states the law is not well settled with regard to when that presumption applies, particularly when it comes to transgender parents. A transgender parent who is not married to their spouse may face greater challenges than one who has children while married to a spouse, because there are some states that only allow adoption or a parentage judgment where a couple is married. However, a transgender parent can either adopt their spouse’s children or obtain a parentage judgment in order to make their legal status clearer. Either of these will provide protection if you travel to another state with variations in case law. A judgment of parentage is a court order, which often takes less time to get than an adoption. However, adoption is a method that is better understood. You should consult with a family law attorney who is experienced in LGBTQ issues when faced with big decisions about your family so that you can comply with any legal requirements governing issues including assisted reproduction, adoption, and parentage judgments. What Are Some Of The Ways For LBGTQ To Adopt?There are several ways to adopt; State and Public Agency Adoption, Agency Open Adoption, Open Independent Adoption and International Adoption. How do you know which one is right for you? When wanting to adopt a child, one of the things you can do is speak with other LBGTQ adoptive parents in your community. Ask them about their experiences and if they have any agency recommendations. In the past, those who chose an agency open adoption were met with some reluctance. There was a type of hierarchy parental preference and clearly, they were not it. Others who pursued an independent open adoption were met with rejection from those who didn’t want to deal with them because of their sexual orientation or gender identity. While those who tried international adoption found it extremely difficult to adopt. Many countries that have children up for adoption are very prejudiced when it comes to LGBTQ. There are explicit laws/policies or implicit cultural/societal codes that are completely against LGBTQ adoption. Many of the LGBTQ welcoming adoption agencies use extreme caution about representing LGBTQ people for international adoption. The process is challenging and they are met with increased barriers. But the good news now is that more birth parents are choosing same-sex couples over different sex couples. There has been an increase in adoption placement in the community through private agencies. Even though there have been challenges, people in the LBGTQ community have had success adopting children through each of these methods. Adopting a child is one of life’s most rewarding journeys. Keep in mind that everyone’s understanding of LGBTQ parents varies greatly. Each State has its own adoption law for the LGBTQ community. It is important that you research agencies thoroughly to make sure you are welcomed and that their protocol is compatible with your needs. How does the Adoption Process Work?The adoption process for transgender people with an unintended pregnancy works much the same as any other adoption. Here’s how the steps typically look: Step 1: Contact Utah Adoptions. The first place to start if you’re considering adoption is to reach out to a trans-affirming adoption agency, like Utah Adoptions. Step 2: Choose adoptive parents. The next step is to find a family. Step 3: Get to know the adoptive family. Once you’ve found a family, it’s time to start getting to know them. Initially, you’ll start with a mediated phone call with your adoption specialist. But afterward, you can get to know each other through phone calls, emails, video calls and more. Of course, contact is entirely up to you. We understand that you might not be in a place where you’re comfortable talking to the family, and that’s perfectly okay. Step 4: Prepare for the hospital. Before you prepare for the hospital stay, your specialist will help you find prenatal care to make sure you and your baby are doing okay. The next step to prepare for is the hospital stay for your transgender unintended pregnancy. We know that, right now, you’re feeling understandably anxious. Trying to receive access to medical care along while looking for a professional who is inclusive can be scary and overwhelming. But with American Adoptions, you will have a compassionate ally by your side who will treat you with the respect you deserve. We will be here to advocate for you during every part of your hospital stay and will support you in any way we can. As a prospective birth parent, all of your medical expenses are covered. So, you don’t need to worry about paying for anything. You also have full control over making a hospital adoption plan. You can decide how much interaction you have with the adoptive parents, how much time you want to spend with the baby and more. Once the baby is born, you’ll usually need to wait between 48-72 hours before you can complete your adoption paperwork. How long you’ll have to wait depends on the state you live in. Your adoption specialist and your adoption attorney will help prepare you for the legal process of placing a child up for adoption. Step 5: Continue your open adoption relationship. If you choose to, you can continue your relationship with the adoptive family and your baby. You can continue your relationship through phone calls, emails, pictures and letters and more. Please don’t forget that this doesn’t have to be the end of your relationship with your adoption specialist, too. If you ever need someone to talk to, they are always there to listen. Things to Know About Adoption as a Transgender ParentWhen it comes to transgender unintended pregnancy and adoption, there is some important information you should know about the legal paperwork. This is something that your adoption specialist will prepare you for in more detail before they send you any forms. In some of the legal forms you’ll be sent, you may see phrases like “biological mother” or “her.” We know that this can be extremely frustrating when the laws are lagging behind where society is. But the wording on any paperwork you come across does not reflect the view of Utah Adoptions in any way. Reading paperwork that doesn’t reflect who you are can make planning an adoption for a transgender unintended pregnancy tricky. Your specialist will advocate for you when talking to your attorney and the hospital staff to use forms that reflect your identity as much as possible. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can I Adopt A Child If I Am Transgender? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can Child Support Be Reduced If I Have More Children? What Is The Process For Adopting A Child? Can I Adopt A Child If I Am Single? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-i-adopt-a-child-if-i-am-transgender/ The twenty-first century has opened doors for single men to pursue adoption of a child. Despite the traditional definition of family being husband, wife, and children, adoption agencies are beginning to accept single men as a potential adoptive parent. Obstacles remain, but as more children of all ages need parents and as single parenting becomes more common, men are finding opportunities to become single adoptive dads. After all, it is better to have a single supportive father than to remain in an unstable, broken home that many orphaned children emerge from. 1. Make an informed decision. As a single man, you must realize the difficulties involved because of both your gender and your marital status. Recent trends make adopting children by single men more acceptable, but men are likely the most prejudiced against demographic among people looking to adopt. Research which countries will allow a single man to adopt a child. Not all countries are open-minded to the possibility of having one parent let alone it being a man. Consider your age, career, and capacity to raise an infant. It may be more suitable to prefer a teenager or a child with a disability who would love to have a father. Be prepared to adopt an older child or a child with disabilities. A severe shortage of adoptive parents for these children makes single men an attractive option to fill this role. Gender, race, and age of children will also dramatically influence cost. Healthy Caucasian infants are most expensive since they are the most requested and are the least available. Teenagers, because of age, and children with disabilities, because of additional care costs, are less expensive to pursue, but more available to single men. The recent trend for children of color, and in particular indigenous children, is to match them with parents who are of similar ethnicity. 5. Select an agency. Make sure to research all the adoption agencies under consideration. Selecting an agency that is educated and experienced can relieve a lot of stress and anxiety with more positive results. Also consider their reputation, if they provide credible references, or a detailed history of their adoptions. Verify the agency’s license by calling your state adoption agency licensing specialist to check if they are current and have no complaints lodged against them. Conduct a background check for either criminal behavior or lawsuits or call the Better Business Bureau for more information. As a single man, it would be wise to participate in a home study. A home study will evaluate your character, community, childhood, living arrangements, financial records, and the overall desire to adopt. Because single male applicants are not desirable among some adoption agencies, a home study will go a long way in proving your seriousness. Stepparent and Second-Parent Adoptions A child cannot be adopted without the consent of both parents, unless one parent has failed to establish a parent-child relationship with the child or has abandoned the child. If the noncustodial parent is the father, the social service agency will determine whether his consent is needed before a stepparent or second-parent adoption can take place. A father who signs a paternity statement, provides support (if he can), and maintains a relationship with his child, can probably prevent the child from being adopted by someone else. In addition—especially if the child is a baby and the father has had little opportunity to support or visit the child—or has been prevented from doing so by the mother—he may be able to prevent the stepparent or second-parent adoption and petition the court to obtain visitation. If the noncustodial parent is the mother, the social service agency will have to obtain her consent or recommend that her parental rights be terminated. Unmarried mothers without custody must pay support if they can and visit the child—or face losing the child to a stepparent or second-parent adoption. Remember, once a person does formally adopt a child, that person has all the legal rights and responsibilities of a biological parent, whether the adopting parent is a partner who legally adopts the biological child of an unmarried partner or part of an unmarried couple that jointly adopts a child. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can I Adopt A Child If I Am Single? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can A Father Fight For Child Custody If He Is Not On The Birth Certificate? Can Child Support Be Reduced If I Have More Children? What Is The Process For Adopting A Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-i-adopt-a-child-if-i-am-single/ The twenty-first century has opened doors for single men to pursue adoption of a child. Despite the traditional definition of family being husband, wife, and children, adoption agencies are beginning to accept single men as a potential adoptive parent. Obstacles remain, but as more children of all ages need parents and as single parenting becomes more common, men are finding opportunities to become single adoptive dads. After all, it is better to have a single supportive father than to remain in an unstable, broken home that many orphaned children emerge from. 1. Make an informed decision. As a single man, you must realize the difficulties involved because of both your gender and your marital status. Recent trends make adopting children by single men more acceptable, but men are likely the most prejudiced against demographic among people looking to adopt. Research which countries will allow a single man to adopt a child. Not all countries are open-minded to the possibility of having one parent let alone it being a man. Consider your age, career, and capacity to raise an infant. It may be more suitable to prefer a teenager or a child with a disability who would love to have a father. Be prepared to adopt an older child or a child with disabilities. A severe shortage of adoptive parents for these children makes single men an attractive option to fill this role. Gender, race, and age of children will also dramatically influence cost. Healthy Caucasian infants are most expensive since they are the most requested and are the least available. Teenagers, because of age, and children with disabilities, because of additional care costs, are less expensive to pursue, but more available to single men. The recent trend for children of color, and in particular indigenous children, is to match them with parents who are of similar ethnicity. 5. Select an agency. Make sure to research all the adoption agencies under consideration. Selecting an agency that is educated and experienced can relieve a lot of stress and anxiety with more positive results. Also consider their reputation, if they provide credible references, or a detailed history of their adoptions. Verify the agency’s license by calling your state adoption agency licensing specialist to check if they are current and have no complaints lodged against them. Conduct a background check for either criminal behavior or lawsuits or call the Better Business Bureau for more information. As a single man, it would be wise to participate in a home study. A home study will evaluate your character, community, childhood, living arrangements, financial records, and the overall desire to adopt. Because single male applicants are not desirable among some adoption agencies, a home study will go a long way in proving your seriousness. Stepparent and Second-Parent Adoptions A child cannot be adopted without the consent of both parents, unless one parent has failed to establish a parent-child relationship with the child or has abandoned the child. If the noncustodial parent is the father, the social service agency will determine whether his consent is needed before a stepparent or second-parent adoption can take place. A father who signs a paternity statement, provides support (if he can), and maintains a relationship with his child, can probably prevent the child from being adopted by someone else. In addition—especially if the child is a baby and the father has had little opportunity to support or visit the child—or has been prevented from doing so by the mother—he may be able to prevent the stepparent or second-parent adoption and petition the court to obtain visitation. If the noncustodial parent is the mother, the social service agency will have to obtain her consent or recommend that her parental rights be terminated. Unmarried mothers without custody must pay support if they can and visit the child—or face losing the child to a stepparent or second-parent adoption. Remember, once a person does formally adopt a child, that person has all the legal rights and responsibilities of a biological parent, whether the adopting parent is a partner who legally adopts the biological child of an unmarried partner or part of an unmarried couple that jointly adopts a child. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can I Adopt A Child If I Am Single? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can A Father Fight For Child Custody If He Is Not On The Birth Certificate? Can Child Support Be Reduced If I Have More Children? What Is The Process For Adopting A Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-i-adopt-a-child-if-i-am-single/ After you have made up your mind to go for an adoption, you will need to find out the steps of the adoption process. The steps are the utmost crucial at this beginning stage. This is true because by knowing the exact steps you would need to take; it will help you save a lot more time and effort before the adopted child is legally part of your family. Below are the simple steps you should take when going about adopting a child.1. The first step one should take in the adoption process is to do one’s research about how to go about doing it. As the rules are different in different countries, the initial research is to find out the exact steps. Armed with more information and knowledge, the adopting family will have a better understanding of the adoption procedures before going to the next step. Going through the adoption process successfully is not easy. However, if you have made up your mind, you should go all out for the adoption. With persistence, commitment and patient, the route towards adopting a child would be a smooth and easy one. Whether you have chosen to adopt because of infertility or because you want to expand your family and provide love and shelter to a needy child, adoption can be a rewarding choice. There are several steps you must take after choosing adoption. First, you need to decide whether to adopt through a public or private adoption agency. Do some research and compare the pros and cons of each side. Once you decide what type of agency fits you best, you can request information from several agencies in your area. Next, attend several agency orientations. The orientation will show you in detail how each agency’s process works and give you an opportunity to ask questions. You will also be given the fees of each agency. Also, you will have the opportunity to hear from and talk with birth mothers, parents who have adopted, and other couples considering adoption. After attending several orientations, you can compare their procedures and choose the one that you feel comfortable working with. After choosing the agency, you will need to return the application and registration fee to them. After the agency has reviewed and accepted your application for adoption, you must complete a home study. The main purpose of the home study is to evaluate the environment the child would be raised in. It aims also to help you as adoptive parents to prepare for the arrival of the child and with parenting. Your agency will advise you of their preferred method for the home study (as there are several ways to complete the state requirement). The study will include at least one visit with a social worker in your home, and possibly some educational classes with other adoptive families. Finally you will be required to have a physical exam, a fingerprint inking, and a background check. The average home study takes about two months to complete. Finally, the only step left is to wait. Your waiting period depends on many factors. Adoptive parents and birthmothers or children are matched according to the requirements and needs for both parties. Adopting a child of another race besides Caucasian may significantly reduce your waiting time. A Caucasian newborn adoption usually takes two to five years. An international adoption may take up to a year or more, depending on the foreign country. After receiving the child, the parental rights of the birthparents will be terminated. After the child has been in your home for six months, the social worker must submit a recommendation for approval, and a judge finalizes the adoption by giving you all legal rights and responsibilities to your child. The adoption process is now complete and you have a child that is yours to love and raise. Difficulties That Come With AdoptionEveryone agrees that children need honest answers about their adoption situation. The hardest questions are about why did my real parents give me up? Try hard to preserve your child’s self-worth by explaining to them that their parents could not, for whatever reason, take care of you as well as you deserved, so they made the decision to give you to people who could give you everything you need. If your child notices that you look nothing alike admit that he/she is right and ask how they feel about it. Kids ask different questions at different times in their development. Considering the child’s feelings will help you understand what’s really on the child’s mind. Discrimination and BullyingWhen children are seen as different, due to their family situation, the color of their skin or the shape of their eyes, can be bullied by other children. You are your child’s primary protector. The best way to handle bullying is to deal with it as soon as it appears. Children shouldn’t have to suffer bullying. However, you can go a long way towards preventing bullying if you actively help your child’s schoolmates understand and value the differences that your child contributes. Consider asking your child’s teacher or the principal if you can present information about the different kinds of families as a special presentation in November, during National Adoption Month. The kids will learn that adoption is simply one way that a family forms, just like when two divorcees blend their families or when a child goes to live at Grandpas house. If yours is a child of color and/or a child from another country, teach his or her classmates about that culture so that your child is viewed as interesting and cool rather than different. RebellionAt some point, your child may become angry about being given up by his/her biological parents, anger at you and your spouse for adopting him or her, anger at everyone else because he must deal with challenges that others don’t face. While each circumstance is different, adoptive parents generally try very hard to understand that anger and, most of all, to not take it personally. Experience the JoyAs an adoptive parent you may have some challenges but you also have the joy of knowing that you chose to make a family with your child. Discover other adoptive families in your community to friendship. You’ll find that they’re extra special because they climbed a steeper path to create their families and they love those families all the more for all the extra pains it took to come together. Ways to Value Your Adoption AttorneyHow can an adoption attorney change your life? By helping you bring a new loved one into your life. However, when adopting, there are often legal hurdles to jump, fees to pay, and time spent on waiting lists. This is where an adoption attorney can be quite valuable. If you have no experience in adoption, it’s crucial to consult with an attorney. Your Adoption OptionsIf you are just getting started in adoption, it’s understandable to be overwhelmed by your options. The initial steps can sometimes be the hardest. You might go to an agency, just curious on the process, and see the huge fees, complicated criteria, and long waiting list. You have many options, and the first value of an adoption attorney is explaining them. While agency adoptions can be costly and time consuming, you may get the child you really want. On the other hand, you might choose to use independent adoption, adopting directly from a birth parent. These are just some of your options, and a lawyer can help explain them. Get the Child You WantDo you want a child of your race and culture? Would you be willing to adopt more than one child, or a child born in another country? To get the child you want in your family, an adoption attorney is invaluable. The more specific you are on the child you want, the more difficult. If you are not too picky about the age of a child, from where the child comes from, and his or her ethnic group, you can save some time. In either case, you should get an attorney’s help. Save TimeAn adoption lawyer can best explain your options, saving you time. If you are against being put on a waiting list for years – which sometimes does happen – you might avoid an agency adoption. Or you may prefer paying more and working with a private agency for adoption. However, if this is your first time adopting, you may not know about all the legal issues which come up in adoption. You may not be aware of how an independent adoption works, or how soon you can adopt a child from a foreign country. It’s also likely you won’t know how to fill out forms and study agencies and parents. An adoption attorney is invaluable here. Save MoneyYes, a lawyer charges a fee, but with some adoption costs exceeding $40,000, a lawyer fee is the least of your concerns. You can save time by working with an adoption attorney, but if you are raising a family and want to adopt, spending tens of thousands is likely out of the question. This is where an attorney can best explain your options. Not all agency adoptions are that expensive. Also, you might choose an older child, a pair of siblings, or even a child from another country. Independent adoption can be expensive too, so working with an attorney is crucial. Legal ProtectionFinally, adoption is a very complex legally. For one, if you choose to use agency adoption, they have strict criteria on who can adopt. If you are a same sex couple, for example, you might have trouble adopting in some states. While the child’s protection and rights are supreme, there is cause for mistakes and misunderstandings. An adoption attorney can protect your rights and ensure you are treated fairly. Is Adopting a Child Right For You?Can I be sure that adoption is the right thing for me? This is probably one of the most difficult questions that you will ask yourself. Adoption is a life changing event whoever you may be. With adoption you have to realize that the child is going to be with you for the rest of your life. Do not take adoption lightly. If you feel that you just want to care for somebody then try to find a pet to look after. Adoption means that you are going to have to look after a child throughout the good times and the bad times with equal enthusiasm and patience. With adoption you give a family to a child that never thought they would experience one in their lives. But you also get to add a member to your family too. Many people consider adoption for many different reasons. Some people may be unable to have a child of their own for one reason or another. Some people may be too frightened to go through the process of child birth. Or you may simply feel the need to help out others in a far worse position than yourself. If ever you consider the process of adoption you must ask yourself “do I have the patience to look after a child”. Children are not easy to handle every minute of the day. You only have to look around when you are out and about to see that some children can be very hard to handle at times. This is what parenthood is all about. Children do not always do as you would wish. A child has his or her own personality and will eventually grow up as themselves. Adoption is all about caring and loving for the child and giving them a better way of life than they would otherwise have had; so it is important that you have the understanding and of course the finances to cope with adoption before you decide to apply. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is The Process For Adopting A Child? first appeared on Ascent Law, LLC.
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Can A Child Choose Which Parent They Want To Live With? Can A Father Fight For Child Custody If He Is Not On The Birth Certificate? Can Child Support Be Reduced If I Have More Children? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-the-process-for-adopting-a-child/ After a separation or divorce, life keeps moving forward. For many, it can feel like the start of a new chapter. You are likely to go on and build new relationships. You may even end up having more kids. With changes in circumstances, such as a new child, you may wonder how that can impact something like child support obligations in regards to your child or children from a previous relationship. Here, we will address if and how having another child can impact child support obligations. I had another child, can I get child support reduced?First and foremost, it must be made clear that having another child will not, in and of itself, automatically lead to a reduction in a child support obligation. You will need to take action in order to have your child support obligation modified. It will not be reduced just because you had another child. If your situation merits it, you will need to take concerted steps to have your child support agreement modified to reflect your current circumstances. It is interesting to note that, previously, Utah prescribed to the common law approach when it came to additional children impacting an existing child support order. Pursuant to common law, Utah did not recognize having a new child as a valid basis for modifying an existing child support order. This was justified through the reasoning that there was a primary duty to support children from a previous relationship and it was the person’s choice if he or she decided to go on to another relationship and have more kids. Through the evolution in Utah law, Utah courts presently recognize that, while there is a duty to act in the best interest of the children’s best interest that is referenced in an existing child support order, the needs of the new child should not be ignored. This is why Utah courts now recognize that having a new child can be considered as a substantial change in circumstance that could potentially merit a change in a child support order. This is commonly a factor considered when the custodial parent requests an increase in support from the payor parent who has a new child. It is also becoming more frequently recognized as a valid point to consider in modification petitions where the parent with the new child is requesting a reduction in an established child support order. Before you petition for a modification of an existing child support order, you should know that a judge may look at your income and, should this circumstance apply, your new spouse’s income as well. Under the Child Support Standards Act (CSSA), which dictates how courts are to award child support), a judge can consider a modification request due to a new child only in the event that the available resources to support the new child are less than those resources available to support the child or children from a previous relationship. To put it another way, your modification request will only move forward if the combined income of you and your new spouse is either greater than or equal to the combined income of you and your former partner. How are child support payments calculated in Utah?Child support payments are calculated differently in every state. Some general factors the courts will look at in calculating payments include: There are generally two methods used to calculate child support: An income shares model or an income percentage model. Utah’s child support formula directly accounts for parents who share custody of a child, and support payment amounts are connected to the custody split. Other special situations accounted for under Utah’s child support law include childcare costs, extraordinary medical costs and college costs. These costs may be additions to the basic Utah child support order. Income Share MethodUnder the income share model, the court uses economic tables to estimate the total monthly cost of raising the children. The non-custodial parent pays a percentage of the calculated cost that is based on their proportional share of both parents’ combined income. Example: The non-custodial parent of one child has an income of $2,000 per month, and the custodial parent has an income of $1,000 per month. The court estimates that the cost of raising one child is $1,000 a month. The non-custodial parent’s income is 66.6% of the parent’s total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation. Who pays the child support?Utah law requires both parents to financially support their child (or children). The amount of support that each parent pays will depend on the parents’ income, custody arrangement, and the number of children involved. Because there are a variety of factors that impact support, it can be difficult to figure out an exact amount on your own. Parents can use the Utah child support calculator to estimate a support obligation. However, a judge will determine the final child support amount in your case. The Utah Child Support Guidelines are simply a fee schedule, or formula. Parents can agree to pay more than the amount given by the guidelines, but not less, and a court must approve the amount. Although a court presumes that the number given by the guidelines is the appropriate amount of child support, there are circumstances where the result would be unfair to a parent or the child. In those cases, a court will review a set of factors and may adjust the amount of support down or up. Using the Utah Child Support GuidelinesTo use the guidelines, you’ll need to know the adjusted gross income of both parents. A parent’s gross income is income from all sources, including: There are a few benefits that you can leave out, such as general assistance, housing subsidies, and welfare benefits. You also need to know how much time each parent will spend with the child. There are a variety of ways to share parenting time, but the guidelines calculate support differently for parents with “sole physical custody” (the child lives with only one parent), “joint custody” (the child lives part time with each parent), or “split custody” (where the parents divide the kids between them – mom takes the older child while dad has the younger child, for example). If you have additional questions about the impact of custody on support, the Utah Courts website has a section on parent-time and custody. Once you’ve determined both parents’ adjusted gross incomes and custody, look to the base combined child support obligation table. These are the guidelines for a combined income from $726 through $100,000 a month. If the noncustodial parent has an adjusted gross income of $649 or less, or if the combined income is between $650 and $1,050, then you may need to use the low income table. Keep in mind that a court will have to review this number, to ensure it’s in the child’s best interests, but the minimum amount of support is $30. On the other hand, if the parents’ combined income is greater than $100,000, then a court may increase the amount over the maximum allowed by the base combined child support obligation table. The guidelines give you a total amount of child support due. After you have that number, you can calculate what each parent’s share of that amount will be. There are additional calculations to be made, often referred to as “add ons,”—one or both of you will have to cover medical expenses, health insurance, and childcare costs too. If it’s been less than three years since the original order was issued or modified, then you must have a substantial change in circumstances. How is child support collected and enforced?Child support payments are usually ordered as part of your divorce settlement. If you and your child’s parent were never married, child support is ordered by your local county court after you have filed a request. Child support payments are frequently collected by withholding the ordered support amount directly from the obligated parent’s paycheck. In some situations, parents may make payments to one another directly. If the obligated parent is not paying child support payments, you will have to file a complaint with the court that issued the initial order. The court may then garnish wages, deny passports, withhold tax refunds, set liens on their property, or even suspend or revoke licenses to ensure compliance with the order. Changing a Child Support OrderChanges to a child support order are not uncommon as life circumstances frequently change for both the parents and the children. Modifications to child support can be negotiated directly between the two parents, but the change still must be documented in a new child support order and signed by the court. If you and your child’s parent can’t agree on a change in child support, then you will have to file a motion with the court. Reasons to Modify a Child Support Agreement If one parent loses their job, he or she may be unable to meet child support obligations. Temporary modification of child support payments may be made until that parent can find another job. Other situations for a decrease in income may be because a parent has become disabled or has been incarcerated. Another cause may be that a parent is a Reservist or National Guard member who is newly activated, resulting in a change of income. If one parent experiences a substantial increase in income, the other parent may petition the court for an increase in child support payments. This increase will ensure the child’s standard of living is equivalent to the standard they would have had with the other parent. • New Expenses for the Child or Change in the Child’s Residence Challenging the AmountSometimes, the total amount of child support given by the guidelines or the way that number is divided between the parents is unfair. If you think support should be increased or decreased before the court issues the order, then you can ask a court to adjust it. Once you ask, a court will review all relevant factors, but especially the following, to adjust the amount of child support either up or down: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can Child Support Be Reduced If I Have More Children? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Are There Financial Benefits To Adoption? Can A Child Choose Which Parent They Will Want To Live With? Can A Father Fight For Child Custody If He Is Not On The Birth Certificate? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-child-support-be-reduced-if-i-have-more-children/ Most fathers ask what rights they have to their children if they are not listed on the birth certificate. If a couple is married, it is always presumed that the husband is the child’s father, but it is not so simple if a couple has a child while being unmarried. In short, if you are not on the birth certificate, you have no legal rights to the child. There is a difference between being the biological father versus being the legal father. If you are not listed as the father on the birth certificate, you have no rights to custody, visitation, or paying child support. To establish a father’s legal rights to their child, it is required that they establish paternity. Paternity is the Acknowledgement that you have fathered the child and will begin taking legal responsibility for the child. Legal responsibility for a child can come in many forms, such as health insurance, food, shelter, clothing, etc. There are a few ways that paternity can be established. The first is voluntarily through what is known as an Acknowledgement of Paternity. This form is typically filled out at the hospital before the birth of the child. From there, that form must be sent off to the appropriate government office. This form can be presented to the father to remove all doubts regarding the child’s father and is typically filled out with both the mother and father being present at the hospital. If the parties are married once this is done, the father’s name can be added to the child’s birth certificate immediately. If the parties are not married, this form must be filled out before adding the father’s name to the birth certificate. If the child’s mother is unsure about who the father of her child is, signing an Acknowledgement of Paternity voluntarily is not likely. It is crucial to understand how beneficial it can be for both the child and the father in establishing paternity. Starting with the child, the earlier paternity is established, the quicker a child will be eligible for health insurance coverage. This is most important during the beginning years of a child’s life when many doctor’s visits are required with the various preventative shots children must be administered. This can also help if your child falls to a sudden illness or is diagnosed with a chronic condition requiring ongoing medical treatment. Next, a father who has legal rights to their child will help establish the parent-child relationship between the two. Unfortunately, most children grow up in one-parent households, and having both parents in a child’s life is critical for their development. On the other hand, establishing paternity early can help a father as well. For example, if a father who has had paternity established has had his rights to the child infringed on by the mother, he can seek enforcement of those rights. He can also seek enforcement of rights and duties that violate a court order. The father can also become a party to any child’s legal case if paternity is established and can even seek enforcement. It is also beneficial for the child’s health because the father’s family medical history will be available and warn of any medical issues the child can inherit. If you have legally been determined to be the child’s father, you are known as an “adjudicated” father. This legal determination is made through the courts when a mother or an “alleged” father files suit to determine paternity. If you are the filing party of a paternity suit, you will carry the burden of establishing the paternity. This is done through DNA testing. If you have voluntarily adjudicated paternity but begin to have doubts as to the paternity of the child, it is helpful to know that an acknowledgement is not permanent. However, there are time limitations on when an Acknowledgement can be rescinded. Rescission is the cancellation of the exposure. The parties will treat it as if the declaration were never signed in the first place, basically returning the parties to the position they were in before the exposure was signed. To do so, the party seeking rescission must do so within 60 days of the Acknowledgement being received by the Bureau of Vital Statistics. If you are the legal father to a child and believe otherwise, you must file a lawsuit to counter the established legal relationship. However, there is a statute of limitations on when this action can be brought, and any suit filed after one year of the date the father had reason to believe he was not the child’s father will be barred. If the father presents a strong enough case, DNA testing will be ordered by the Judge. If DNA testing comes back negative, all rights and duties to the child will be terminated, leaving the mother to her means to establish paternity for the child. Establishing paternity for a child as early as possible is greatly recommended. The harsh reality surrounding paternity can negatively affect a child as studies have shown what it is growing up without a father. If you have not established this paternity, it is crucial to know that you do not have legal rights to a child. Fathers’ Rights – Birth Certificates & Parental ResponsibilityThere are many queries from fathers seeking advice on whether it is important to be named on their child’s birth certificate. Here are the primary questions we encounter. For more information on this topic, do not hesitate to contact our specialist team who will be happy to assist. Could The Father Not Be Named On A Birth Certificate?It is relatively common for the father not to be named on a child’s birth certificate. The reason behind such an omission may be a genuine mistake or oversight by the mother or the person completing the paperwork. Perhaps the parents’ relationship has broken down. In other instances, the father’s name may not be known or intentionally withheld by the mother. Why Is It Important For The Father To Be Named On The Birth Certificate?When named on the birth certificate, the father acquires rights in respect of the child. These rights are known as parental responsibility. If the father’s name is missing from the birth certificate, the father will not automatically acquire parental responsibility. What Is Parental Responsibility?A person with parental responsibility of a child must: As a result, parental responsibility is very important for a father. If there is a disagreement concerning one of the above issues between the mother and father, it is not permissible for either parent to make a unilateral decision without the agreement of the other parent. Legal remedies are available in the event on ongoing dispute. What Are A Father’s Rights If Not On The Birth Certificate?This will depend on whether the father and mother were married at the time of the child’s birth. The father will automatically acquire parental responsibility if he and the mother were married at the time of the child’s birth or have subsequently married each other. It is more difficult for the father if he and the mother are not married at the time of the child’s birth and he is not named on the birth certificate. Simply, he would not automatically acquire parental responsibility. In the worst-case scenario, if the mother does not accept the father is indeed the father, he will encounter significant difficult attempting to invoke the rights that would be acquired by having parental responsibility. Can A Father Put Himself On The Birth Certificate?Yes, but the process will differ depending on whether the mother is in agreement with the father’s name being inserted and the birth certificate re-registered. Again, this is only relevant when the parents are unmarried. If the mother is in agreement, the birth certificate can be re-registered directly with the General Register Office (GRO). The mother and father will need to provide some evidence to the GRO likely in the form of a statutory declaration from the mother that the father is the child’s father. Once completed, the father will duly acquire parental responsibility. If the mother is not in agreement, the father will need to make an application to the court seeking a declaration of parentage. Most likely, this would involve the court ordering a DNA test being undertaken to establish paternity. Once established, the court will notify the GRO and the birth certificate will be re-registered including the father’s details. However, the father will not acquire parental responsibility in this manner. Limitations of a Father Not Listed on a Birth CertificateJust because the father is not listed on the birth certificate, does not mean that he cannot formally request custody or visitation. However, he will need to go through the process of establishing paternity to overcome the legal limitations on him. Roughly 40% of babies in the US are born to mothers who are not married. If the father is not present at the birth of the child, then his name will likely not appear on the birth certificate. In the case that both parents are present at the birth, but the parents are not married, it is possible to have the father listed on the birth certificate. Most hospitals require an Acknowledgement of Paternity (AOP) form to be signed by both the mother and father before adding the father to the birth certificate in that case. Just because the father is not listed on the birth certificate, does not mean that he cannot formally request custody or visitation. However, he will need to go through the process of establishing paternity. Child Custody & Visitation AgreementsAfter paternity is confirmed, parents can begin negotiating a parenting agreement or parenting plan. A parenting agreement / plan will normally include details like which parent will have primary custody, specifics on the other parents visitation schedule, details on which parent will make decisions regarding the child’s education, health care, religion, and procedures for how potential changes to the arrangement will be handled. The visitation rights of unmarried fathers will also depend on other factors like their relationship with the child, any drug or alcohol use, or any history of child of past child abuse, etc. If both parties are unable to agree to a parenting agreement / plan the either parent may petition the court for child visitation or custody help. If the parents cannot agree on these arrangements, either one may ask the court to grant his or her request through a contested hearing. Courts deciding on child custody and visitation issues will determine what is in the best interest of the child. Courts assume that most children will benefit from having both parents involved in their care. If one parent can show evidence that the other parent would likely cause harm to the child, then the courts will take this into consideration when making a decision. Who Is Awarded Child Custody When the Parents Are Unmarried?If both of the child’s parents have been legally established, disputes regarding custody and child support will most likely be handled as if the parents were legally married. When a child is born to an unmarried mother, the mother is automatically granted sole custody in most states and circumstances. Legally speaking, a father who has not established paternity has no legal right to their child without a court order. There is no presumption of paternity, meaning that unwed fathers are not by default assumed to be biologically related to their child. Because of this, unmarried fathers can be prevented from being awarded child custody or even child visitation rights. At first glance, this seems to be incredibly discriminatory and unfair to the unmarried father. This system is as such in order to prevent unmarried mothers from pursuing child support from the father, which would be unfair without first establishing paternity so the father may receive rights. What Will Likely Happen If There Is a Custody Battle Between Unmarried Parents?Once again, what will likely happen if there is a custody battle between unmarried parents depends heavily on how each state handles unmarried child custody. Generally speaking, the court will order shared custody. Other states may award joint custody with the condition that one parent acts as the custodial parent. It is considered to be fairly uncommon for one parent to not be granted any visitation rights at all. Such circumstances would generally only occur if one parent was found to be abusive or otherwise unfit to parent. The court would need to have strong reason to believe that it would actually be detrimental to the child’s wellbeing if they were involved with the noncustodial parent. If the child’s mother disputes the father’s claim to paternity, the father would need to petition the family court in order to establish his paternity. Additionally, the father would need to petition and establish paternity if the unmarried couple does not live together. Once paternity has been definitively established, the unmarried father is entitled to all of the parental rights as a married father would be. In order to avoid a lengthy custody battle, it is important for both parents to do their best to remain amicable and willing to compromise. Another way to avoid a custody battle would be to work together in order to create a reasonable and agreeable custody arrangement that the court will approve of. Above all else, a custody battle would not be in the child’s best interests. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can A Father Fight For Child Custody If He Is Not On The Birth Certificate? first appeared on Ascent Law, LLC.
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Are Courts More Likely To Award Child Custody To The Mother? Are There Financial Benefits To Adoption? Can A Child Choose Which Parent They Want To Live With? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-a-father-fight-for-child-custody-if-he-is-not-on-the-birth-certificate/ Child custody is decided on what is in the child’s best interest but not necessarily on the child’s preference. However, this does not mean that a child does not have a say in where he or she is to live and with whom. If you have children, making arrangements for residence and contact will be some of the biggest decisions you will make once you separate or divorce. You and your spouse will have to decide where your child will live and who will become the primary caregiver. You also need to decide how and when your child should have contact with the non-resident parent. Depending on the age of your child, you may want to get their input into this decision. However, their wishes and feelings – and any decision you make – may not be legally binding. As a child cannot legally decide who they want to live with until they are 16, the responsibility for this decision usually rests with the parents. When Is The Answer “Yes, The Child Gets To Decide”?In effect, children can “choose” which parent to live with if all involved decision makers — that is, the significant adults in the child’s life — are in agreement about the child’s future living arrangements and that agreement meshes with the child’s own wishes. In fact, joint agreement is the most common way for resolving a child’s custody. This is probably the most frequent outcome because a child may clearly appear to need to be more bonded to one person and/or place at any particular period in the child’s life and because most parents share a common perception of their child’s needs. Thus, even very young children unable to verbalize a preference for their primary living arrangements often exhibit, through their conduct, a greater affinity to one or another caretaker and/or to one or another living situation (this is seen in the child’s favoring proximity to particular neighborhoods, day care environments, or to already developed friendships). And the important people in the child’s life recognize the child’s expression of its needs and act accordingly. This ability of most parents to recognize and satisfy by mutual agreement their child’s basic needs for a “best fit” living arrangement persists over the entire period of the child’s minority; and it is a flexible recognition, ready to change the child’s home as the child’s needs change. For example, a child’s needs may dictate staying with dad from ages 4 to 10; but, if needs begin to change toward the end of elementary school, mom and dad can often agree to modify physical custody to suit the child’s changing needs. A later alteration in living arrangements may occur and frequently does in the face of the child’s insistence that “it’s time you let me go live with mom [or dad].” As long as everyone continues to agree, the child’s preferences can be implemented. When Is The Answer “The Child Does Not Necessarily Get To Decide”?The child does not necessarily get to decide where he or she lives if either you or your spouse disagrees strongly enough with your child’s wishes. “Strongly enough” means that you move outside the immediate family to resolve a dispute over living arrangements, regardless of the child’s preference exhibited by behavior or words. Typically, this moves to domestic court, where the issue gets decided by a judge. However, parties are increasingly using mediation and arbitration as means of resolving custodial disputes. A mediator or arbitrator will attempt to ascertain a common meeting ground between you and your spouse as to the weight to be given to your child’s wishes, because a mediator will endeavor to facilitate everyone’s agreement over the best physical arrangements for the child. In court, the situation is similar but not the same. The law in Utah tells the judge he or she does not have to interview the child, nor pay much if any attention to the child’s exhibited preferences. Therefore, like you and your spouse in mediation, a judge is free to give the child’s wishes (if known to the judge) as much or as little weight as he deems appropriate. The difference between a court’s resolution and a mediator’s resolution is that the judge is not in the business of facilitating agreement between the parents. The judge’s entire task is to determine what appears to be in the child’s best interests. A judge’s decision about the child’s best interests can be shockingly different from the child’s own view of those best interests, let alone the parents’ views. Judges consider a host of factors in custody cases, including The judge’s analysis and weighting of such factors have no necessary or predictable interface with the child’s expressed preferences. The child’s preference may carry greater weight if the child appears to the judge to be mature enough to understand his situation, although many child psychologists as well as judges take the position that no child should be asked to make a choice between parents. The judge’s potential disregard for a child’s wishes is all the more likely when the judge suspects, rightly or wrongly, that a child’s preference is being articulated under direct pressure from one parent. In such cases of suspected parental “alienation,” the judge may request additional psychological data regarding the child in an attempt to discern the child’s less conscious (and more genuine) wishes. The judge’s complete discretion in this State to overrule a child’s preferences can have surprising results. From the standpoint of his authority under the law, a judge in North Carolina can enter an order finding it in a 16-year-old boy’s best interests that he reside exclusively with his mother even though the boy has adamantly insisted for the past two years that he wants to live only with his father and, as part of that insistence, has taken to fighting with his mother physically and verbally over the issue. Unlike some other states, the law in North Carolina permits the judge to totally override a teenager’s firmly expressed preferences until the child ceases to become a minor at age 18 or otherwise, making the answer to the question of “Can children choose which parent to live with?” effectively “No, not if the judge disagrees with them”. However, even though this judicial power to override a minor’s wishes is firmly embedded in our law, the practical realities are that family law judges tend to give more heed to a child’s wishes as the child becomes older, and hence more mature and more able to evaluate relationship issues and psychological needs. Judges also realize that most children of 14, 15 and 16 have an increasing ability to signal their displeasure over unsuitable living arrangements by acting out and even running away. From experience, judges have learned that they can order a 15-year-old girl to live with her mother, but that the girl who hates her mother will show up on her father’s doorstep the very next day and on any other day after she is returned to her mother. To sum up the situation in court resolution of a child’s physical custody, the court’s legal conclusions about where a child should live must be guided by the best interests’ standard. And, technically, only where a judge perceives the child’s best interests to overlap the child’s own preferences will those preferences be honored. But it is more, rather than less, likely, that a child’s preferences will carry greater and greater weight as the child grows older, provided the child’s wishes appear to be well-founded and genuine. At what age can a child choose who to live with? A child cannot legally decide who they want to live with until the age of 16 unless there is a child arrangement order in place that has been extended until they are 17 or 18 years old. Until then it is ultimately the decision of the parents to decide or if they cannot agree, a child arrangement order will specify where the child lives. Why Children Can’t Decide CustodyAnyone who has spent time around children knows that they don’t always want what is best for them. If kids had it their way all the time, there would be no bed times, oral hygiene, school, or vegetables. A child’s preference is not always what the child needs, and it is the court’s job to ensure the custody arrangement will best meet the child’s needs. How Do You Decide Who A Child Lives With After A Divorce?Deciding how the children will spend their time with both parents after a divorce or separation is one of the most important decisions to make. It is the decision of the parents to decide who is going to be the primary care-giver (meaning the person the child lives with) and the time spent with the non-resident parent. What if both parents agree?For some families, the decision will be clear while for others, for example, if one parent works away frequently, it is more complicated. The right choice should be the one that meets the best interest of the children, not the parents and there are many options open as to how children split their time between their parents. If parents can agree then they can make arrangements between themselves avoiding lengthy and expensive legal proceedings. What If Parents Cannot Agree?If the parents cannot agree who the child should live with on divorce or separation they can use mediation or negotiation via their solicitors to reach an agreement. These options should be considered before any court application is made. What If The Other Parent Doesn’t Return The Child?If there is no order in place, a parent has not broken the law if they do not return a child after contact, providing that parent has Parental Responsibility. While the police may check that your child is safe, they are unlikely to involve themselves in the situation. If you cannot resolve the issue with the other parent, you could consider using mediation or negotiation to resolve the dispute. If the issue is still not resolved, you may have to go to Court to either apply for an Order, or to enforce an existing Order (if there is one in place). If you have welfare concerns about your child and they have not been returned by the other parent, you may be able to apply for an emergency Child Arrangements Order. How Can Mediation Help?Mediation can support separating parents to discuss matters, including arrangements for the children and help the parents to try and reach an agreement on practical issues such as where the children should live. What Happens If You Go To Court?Child Arrangement OrdersIf necessary, you can make an application to the court for a child arrangements order. This will mean that a judge decides where the child will live with consideration of the child’s best interests, wishes and feelings. The child’s age will determine how much influence they have on the judge in respect to their wishes and feelings. Generally speaking, a child who is 12 years of age/in their early teenage years will have more influence in respect to their wishes and feelings than a much younger child. The majority of child arrangement orders are in place until the child turns 16 years old but they can be extended to 17 and 18 years old. Residence OrdersIf you have an order that states that the children live with you (formerly known as a residence order) this also means that you are able to take the children out of the jurisdiction of United States for a period of up to 28 days without having to obtain the consent of the other parent. You do not have this ability when you have an order that the children spend time with you. Is This Process Different Between Married And Unmarried Parents?The process is the same for married and unmarried parents, as long as the father is named on the birth certificate and therefore has parental responsibility and there is no dispute about this. What Are The Father’s Options If He Does Not Have Parental Responsibility?If a father is not named on the birth certificate and is not married to the mother then he does not have parental responsibility automatically. The father has the following options to acquire parental responsibility without issuing court proceedings: If it is necessary to make an application to the court then a father can also obtain parental responsibility by obtaining the following: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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Are Alimony Payment I Receive Taxable Income? Are Courts More Likely To Award Child Custody To The Mother? Are There Financial Benefits To Adoption? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-a-child-choose-which-parent-they-want-to-live-with/ The two major financial benefits available to adoptive parents are federal tax credits and adoption subsidies. A federal tax credit is a reduction of your federal income tax in the year in which you adopt a child. The conditions for claiming this credit are complicated depending on many factors such as the year of the adoption, whether or not the child has special needs, and how much you spent on adoption expenses. Adoptive parents who did not take the federal tax credit may be able to go back as far as 2003 to benefit from the credit. For the years 2010 and 2011 the tax credit became refundable, meaning that you will get the amount of the credit back regardless of how much you paid in income taxes. For detailed current information on the federal tax credit, go to www.nacac.org. Adoptive parents are wise to explore this issue on their own since many tax preparers seldom or never deal with this issue and may be unfamiliar with the complicated conditions. An adoption subsidy is assistance provided for children with special needs as an incentive to help get children adopted. It may include ongoing financial aid, medical coverage, or other services such as respite care or therapy. Adoption subsidies should be negotiated prior to the finalization of an adoption. Adoptive parents need to familiarize themselves with these terms and with the whole issue of adoption subsidy. Case managers may give you their own opinion as to whether you qualify for adoption subsidies, but they do not have the final word. The judge at the final adoption hearing does. The adoption process can be long and complicated. It follows state and federal laws, as well as other regulations. There are mountains of paperwork for legal procedures, not to mention the many other practical aspects required to complete a successful adoption. These things add up, and they leave families searching for adoption financial assistance. There has to be help out there, right? Even for the many families considering adoption who are in stable financial situations, few have the needed funds immediately available. If you’re searching for financial help for adoption, there’s good news. There are a variety of ways to receive financial aid for adoption, and this guide will help you find one that works for you. For prospective birth mothers looking for information on financial help when placing a child for adoption, you can complete this online form to connect with us today. Why Many Families Need Help with Adoption CostsDepending on how much research you’ve already done about adoption, you may still be left wondering why the cost can be so high in the first place. Many people are surprised when they learn for the first time that private adoption costs tens of thousands of dollars or more. It’s no wonder most families search for adoption financial assistance. Adoption is not a transaction where a family pays for a baby. Rather, the costs are incurred due to the administrative, legal, medical and other practical needs of the adoption process. While it’s fair to see some of the costs as unfortunate, they are necessary to complete safe and legal adoptions. To complete an adoption, there are many professionals involved: Typically, the cost of adoption is made up of the funds necessary for all these professionals to do what’s necessary to complete an adoption. The other portion of adoption costs incurred by adoptive families is variable adoption costs, which are primarily made up of prospective birth mother expenses. The total cost of adoption is not paid out at one time. However, it is common to make large payments during the process, and it is recommended that you have a budget set and a plan to pay for all adoption expenses from the beginning. Since most families don’t have tens of thousands of dollars lying around, it’s common to ask: “Do you get financial help when you adopt a child?” Unfortunately, there is no way to guarantee financial help for adoptive parents. This is why the adoption specialists at American Adoptions advise families to do everything possible to budget for the total cost of adoption. No one should assume that financial assistance for adoption costs will be given to them. There are, however, opportunities to find financial aid for adoptive parents that are worth looking into. Financial Help for AdoptionSo, where can a family find adoption financial aid to help with adoption fees? There are plenty of options. Depending on your financial situation, and how far into the adoption process you are, some forms of adoption financial assistance will be available, while others may not. It’s always a good idea to consult a financial planner about any of these choices along with your own research if you are able to do so. One of the most popular forms of financial assistance for adoption costs is adoption grants. Grants are typically awarded by a nonprofit organization, and families do not have to pay them back. An adoption grant is, essentially, a gift. The appeal is obvious. This type of financial support for adoptive parents does come with some challenges you have to apply for each grant, you may not be awarded grants you’re counting on bit the potential benefits far outweigh any frustrations. A counterpart to adoption grants is adoption loans. Adoption loans are like standard personal loans. They typically come from a financial institution, have a set payment plan and include interest. Some adoption loans are better than others. Taking out any loan brings some level of financial risk, and many financial planners would advise that a loan be a last-resort form of adoption financial aid. However, many families have found adoption loans to be helpful. Other adoptive families have found help with the cost of adoption through fundraising. Adoption fundraising is an opportunity to be creative and get your whole community involved in your adoption journey. If you already have other children, it’s also the perfect opportunity for them to contribute to the adoption. There are so many fundraising ideas to try. Special Needs Adoption AssistanceParents adopting children with special needs may be eligible for federal and state adoption assistance. This financial support (also referred to as an adoption subsidy) is usually paid monthly and is intended to help with medical needs and other support-related expenses. Special NeedsFederal adoption assistance funds are available through the states of the Social Security Act. The definition of “special needs” has three criteria: The state or tribe determines if a child fits the criteria of special needs. Eligibility for Special Needs Adoption Assistance
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