Every adoption case can benefit from the help of an attorney. Adoption is a major decision for any individual to consider.
An individual’s attorney can tell them about the different types of adoptions, determine which one may suit their needs best, and explain the types of evidence and documentation that they will need to present in court.
Evidence that an individual will likely need to present to the court for an adoption includes, but is not limited to:
- A copy of the couple’s marriage license, if applicable;
- Certified copies of divorce decrees from both parents, if applicable;
- Birth certificates for both parties;
- Copies of an individual’s pay stubs or completed income tax forms;
- Letters from medical professionals demonstrating the prospective parent’s fitness to parent;
Other documents that are helpful:
- A copy of the prospective parents’ criminal histories, if applicable; and
- Birth certificates for any children as well as adoption decrees, if applicable.
If an individual has already chosen the type of adoption they want to pursue, their attorney can help guide them through the process and help them gather and present the necessary evidence.
Some states and agencies also require prospective parents complete a home study report for adoption. This process evaluates the ability of the prospective parents to provide a suitable and safe home environment for the child.
This study is conducted by an adoption agency or social worker and will ensure compliance with state and local adoption laws. This process also involves matching a child with a family who can best provide for their needs.
It also allows for providing education regarding adoption to prospective parents. This helps ensure that the prospective parents have the necessary information to make the best and most informed decision regarding their adoption.
How Will This Evidence Make My Adoption Case Stronger?
All strong adoption cases begin with the help of a lawyer who is familiar with the process and knows the evidence that is important to present in favor of the adoptive parents.
There are several areas the court will examine when determining whether or not to grant an adoption request, including the potential parent’s:
- Financial situation;
- Physical health;
- Mental health; and
- Criminal record, if any.
Individuals or couples who are seeking to adopt a child have to show they have the financial capacity to care for a child, which includes providing them with:
- Education; and
The individuals can demonstrate their financial fitness by presenting the financial documents listed above. This may include pay stubs and completed tax documents or previous tax returns.
The physical health of the prospective parents will also be considered. In certain cases, one or both of the prospective parents may be chronically or seriously ill.
In these situations, it may be necessary to present a letter from a physician that indicates the potential parent is capable of caring for the child. Similarly, the mental health of the prospective parents will be considered.
If either of the parents has a psychiatric illness or if there is a history of a mental disorder, a mental health professional may be necessary. They may need to provide a letter stating that the parent is sufficiently emotionally stable to raise a child.
The criminal histories of the prospective parents will also be examined. There are certain criminal convictions that may prevent an individual from adopting, such as child abuse and some sex crimes.
It is important for an individual to be aware that there may be other factors involved in selecting adoptive parents that are not necessarily legal in nature. For example, there are some adoptive agencies that require that the adoptive family does not have a child or an infant under a certain age.
Every adoption, whether it is independent or agency-based, has to be approved by a court. Potential parents have to file a petition for adoption as well as attend the adoption hearing.
If, at the hearing, the court determines that the adoption is in the child’s best interest, it will issue an order that approves and finalizes the adoption, sometimes referred to as adoption papers.
How to File Evidence in Family Law Court
Evidence is best filed in family court by an experienced attorney. An attorney will know the proper process and adoption documents that are required as well as how to best present it to the court.
It may be possible for an individual to petition the family court themselves and present evidence, but they will not know the rules of evidence, what type of evidence is best, and how to present it in the most favorable manner. This is especially the case if there are any parties who dispute the adoption.
Evidentiary issues can be complex and have many nuances that an untrained individual would not be aware of. This may cost them their adoption if they do not follow the rules.
What If This Is Not Accepted by the Courts as Evidence?
If there is certain evidence that a court does not accept during an adoption hearing, an individual may be able to present different evidence to show the same fact. A lawyer is best equipped to handle these types of issues, as they will know what evidence is eligible for admission.
In addition, if an individual has a lawyer on their case, they will likely already have alternative evidence prepared for each requirement, to help ensure that the adoption can proceed.
Why Is This Evidence Necessary?
Parents who are looking to adopt will want to demonstrate to the court that they are ready and able to care for the child or children they are seeking to adopt. It is essential to have an attorney at the adoption hearing.
The court will examine the evidence listed above as well as ask questions of the prospective parents about their situation and their ability to care for adopted children. A lawyer can help prospective parents prepare for this process, as most individuals have never been questioned in court and may find the process intimidating.
An individual’s lawyer can also review their documents and answer any questions they may have before a court hearing. Information that is typically needed includes the names, ages, and addresses of the birth parents, the child, and the adoptive parents.
Other information that may be needed includes medical and financial information from the prospective adoptive parents. It may feel as though the adoption process delves very deeply into the prospective adoptive parents’ personal matters, but this is done to make sure that the child is being placed in a good home.
Prospective parents can make themselves more comfortable with the process if they ask any questions of their lawyer before the process begins. This will allow them to be familiar with the process, what the results may be, and how those results will affect the prospective parents.
How Can a Lawyer Help Me With My Evidence?
It is very important for you to hire an adoption attorney for any adoption issues they may have. An adoption attorney will know the local adoption requirements and laws and will be able to explain the types of adoptions that may be available as well as the evidence that will be required.
Your lawyer can help you through each step of the adoption process and will represent you in court at the adoption hearing. Having a lawyer on your case may mean the difference between the court approving or denying your adoption petition.