KalishLawTexas' legal blog The Woodlands

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      26 Mar 2012

      Understanding Hague Adoption Law: Why it is so Important

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      We are often called on to consult with prospective adoptive parent(s) about potential foreign adoptions.   In some of these cases, the child is already known to the parent(s). The “known” child may be a relative or “friend of a friend”. 

      Stricter international adoption laws have been enacted in recent years, in order to prevent child abductions, selling of children and abuse of the system. These laws also prevent adoptions which are sought solely in order to circumvent other immigration laws.

      The Hague Convention on International Adoption is now law in many countries. The 'normal' procedure involves potential parents applying to adopt and waiting to be matched with a child, therefore it is much more difficult to adopt a “known” child.  There are “exceptions”, but these are often poorly defined and difficult to prove.   Therefore, a couple who wants to adopt a niece or nephew, or a child of a friend  may have a difficult (or impossible)  goal in mind (depending on the circumstances and the countries involved).

      The paragraphs above apply to "Hague Adoptions".  In the case of a U.S. parent seeking to adopt from a foreign country that has not ratified the Hague Convention, a different set of laws apply. Still other difficulties can arise. 

      Each adoption is different, and the facts of the case and the laws of the individual countries must be considered.   There is not one, standardized model to follow, and the laws can be confusing.  Under this system, it is  possible for a couple to go to a foreign country, adopt a child under the laws of that country, and never be able to legally bring the child to the United States.  (this can even happen if one of the adoptive parents is a citizen of the foreign country).

      Due to the changes in international adoption law and also in U.S. immigration law, it is not safe to assume that as long as the adoption is done “for the right reasons” everything will be fine.   If the laws are not followed specifically, and the steps done in the proper order, a family can end up in a situation where family unification is difficult or impossible.    Another costly and exhausting scenario involves having to void an improperly obtained adoption and re-do  the entire thing, in the proper order and with the proper documentation. There is always the potential for something to go wrong the second time, which would be a heartbreaking situation.

      After many years of working with foreign adoptions, if I were asked to give one piece of advice to potential parents it would be this:  PLEASE, get ALL of the facts about ALL of the laws involved and seek a legal consult EARLY with an attorney who is familiar with international adoption law, U.S. immigration law and the family law of your state.  Do this BEFORE you fall in love with a child and BEFORE you make plans which affect the future of the entire family.  

      Kalish Law Office has been representing adoptive families since 1984.  

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      30 Aug 2011

      News on Intercountry Adoption from the U.S. State Department

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      The U.S. State Department website about intercountry adoption is an excellent resource.  This site has information about the process, about the Hague Convention, and individual countries, along with the latest news, alerts and notices.

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      27 Jan 2011

      Basic Facts About Adult Adoption in Texas

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      Adoption of an adult can be a fairly straightforward process.   The adoptee’s biological parents do not need to be notified of the adoption and are not entitled to have a voice in the proceedings.

       

      There are many reasons to proceed with a formal adoption, even after the “child” reaches adulthood.  The most common situation is one in which a stepparent has wanted to adopt the child but has not been able to get the approval of the biological parent.  At the time the stepchild turns 18, the papers for stepparent adoption can be filed without notice to the biological parent.

       

      Waiting until a child turns 18 for adoption works quite well in cases where the biological parent has a lifestyle that is unhealthy for the child.   When a biological parent is unstable or violent, it is often unadvisable to contact the biological parent because it may encourage him/her to try to reenter the child’s life, bringing the chaos and danger along for the ride.  Waiting a few extra years can turn a nail-biting situation into a positive and happy one, and decrease the risk of drama or danger.

       

      Some adult adoptees may be well beyond their 18th birthday at the time of the adoption.  Some of these situations involve stepfamilies, others involve “just like family” groups who want to make their relationship a formal and legal one.   These adoptions are done for emotional reasons, and the reward is well worth it.

       

      Adoption creates the parent-child relationship under the law. As a practical matter, this affects the parties’ abilities to inherit to and from each other. It also affects next-of-kin issues in health care decision making.   Of course, there are other ways to accomplish inheritance goals and grant powers of attorney through proper estate planning but adult adoption will accomplish some of these goals plus satisfy the emotional need for people to be legally connected forever.

       

      A name change may or may not be part of an adult adoption, but if it is desired, it can be accomplished at the same time.

       

      An adult adoption will not be granted by a judge if it appears that it is being sought to defraud creditors or avoid responsibilities under the law.  It may not be granted if the judge believes that someone is being taken advantage of (the judge will look closely at cases in which one of the parties is or may be disabled, elderly, or under duress).   An adult adoption will not grant benefits under U.S. immigration law.

       

      In order to complete the adoption, a petition will need to be filed in family court and there will be a hearing.

       

      If you considering adopting an adult or you are an adult who is thinking of consenting to being adopted, you should carefully consider how every aspect of your life will be affected, how the family will be affected, and be certain that you understand all of the legalities and steps involved in the process.

       

      The Kalish Law Office has been helping families for over 26 years with adult adoptions, child adoptions, family law and estate planning.   www.kalishlawtexas.com  281-363-3700

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      25 Jan 2011

      What You Want to Know About Termination of Parental Rights in Texas

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      Certain legal conditions must be met before parental rights are terminated by court order.


      There are two types of termination; voluntary and involuntary.

       

      A voluntary termination of parental rights occurs when the parent whose rights are being terminated agrees with the termination, cooperates, and signs the proper paperwork and/or appears in court and testifies that s/he is voluntarily giving up rights.


      An involuntary termination occurs when the parent whose rights are being terminated is not in agreement with the termination. This can occur when the parent actively opposes the termination, stands by passively and allows it to happen, is absent with whereabouts unknown, or refuses to respond to the suit.

       

      Even if an absent parent cannot be found to be served with a lawsuit terminating rights, there are certain legal steps that can be taken to give “legal notice” without “actual notice”.  Translating from “Legalese” to “English”, this means that just because a person is missing or hiding, the termination may still go on.  If the termination is in the best interests of the child the judge can make that decision.

       

      Specific legal steps must be taken to locate a missing party.  There will also be an attorney appointed to represent the interests of the missing parent. 

       

      Termination is not a given.  A judge can refuse to terminate parental rights if the judge believes that it is not in the best interests of the child to do so.  This can happen even if both parents are in total agreement about the termination. 

       

      Here are three common situations involving termination of parental rights:

       

      1. Adoption.   In order for a child to be adopted, he or she must be available for adoption and (except in an orphan situation) that will involve terminating the parental rights of one or both biological parents.   Step parent adoptions will commonly require the termination of rights of one biological parent.
      2. Abuse, Neglect or Danger.   Parental rights can be terminated for abuse or neglect or to prevent harm to the child.  Child Protective Services may be involved in these cases.
      3. Non support, no contact, abandonment, lack of acknowledgment.  In some circumstances a parent can lose his/her rights by not supporting, visiting or acknowledging the child.

       

      Parental rights are protected by law, and the terminations of those rights are not taken lightly.  Many legal steps must be performed in order for a termination to be granted. The primary consideration is the health, safety, support and well-being of the child involved.

       

      Kalish Law Office in The Woodlands Texas has been representing clients in cases involving termination, adoption, paternity, and parental rights for over 26 years.  www.kalishlawtexas.com  281-363-3700  “Passionate Professional and Personal. We Make the Difference.”

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      16 Aug 2010

      National Adoption Day Will be November 20, 2010!

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      This year, Saturday, November 20, 2010 is set aside as "National Adoption Day."  Did you know that over 30,000 children have been adopted from foster care during the last ten years on National Adoption Day?

      There are many ways to get involved and help children who need permanent families.  www.nationaladoptionday.org  has downloadable information. In addition to making a donation or volunteering, you can help in other ways, for example, printing posters and flyers to display at your office, having your staff or your family wear T-shirts in support of the day, and attending local celebrations.

      Kalish Law Office has been involved in the adoption community for 26 years. Our adoption practice is rewarding and we are grateful to our adoptive families for allowing us to be part of their history.

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      11 Aug 2010

      Stepparent Adoption: Kalish Law Office Blog, Texas

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      There are many things to consider in determining whether or not to proceed with a stepparent adoption.  

       

      Of course, the most important issue is the best interest of the child. This is the basis for the final decision of the court.

       

      Stepparent adoptions usually have fewer “steps” legally than other adoptions. This is because, in most cases, one of the child’s “current” parents is joining in the lawsuit and approving of it.  The child will usually not be changing his/her situation. The typical stepparent adoption is just recognizing what is already happening anyway, which is the “parenting” of the child by one biological parent and one stepparent who live in the same home with the child.


      Occasionally, there are stepparent adoptions that don’t fit the normal pattern.  The most common one is a situation in which the sole bio parent (or sole bio parent who was involved in the child’s life) dies.  The surviving stepparent (or even former stepparent who was divorced from one of the biological parents) may seek to adopt the child. 

       

      When a biological parent’s rights are terminated, there may be past-due child support owed.  If the Child Support Division of the Attorney General Office was ever involved, or if the child has received welfare benefits, the government may try to recover some or all of the money that was paid on behalf of the child. Therefore, the remaining biological parent may not have the authority to promise that s/he will waive the past-due child support if only the other biological parent will agree to the adoption.  


      However, there are some situations in which the back child support can be “forgiven”.  A judge will not usually grant this without inquiring into the family’s financial situation in order to determine if the child’s present and future needs can be met adequately without collecting this past due support.

       

      If the biological parent cannot be found, the court will appoint an attorney ad litem to represent the absent parent in the termination/adoption lawsuit.  There are certain legal steps that must be taken in order to assure that the absent parent’s rights are protected, allowing the adoption to proceed without him/her. 

      In the case of the absent biological parent it is also important to decide whether or not filing the termination/adoption suit may bring about an unwelcome reestablishment of the relationship with the child.  This is particularly important in cases in which the absent parent engages in substance abuse, other irresponsible behavior, or is downright dangerous.  In those cases, it may be best not to start proceedings at all, rather than alert the dangerous parent about where the child is currently located and risk visitation being sought.  In cases where it is “best to leave well enough alone” we often file for an adult adoption of the child by his/her stepparent on the child’s 18th birthday. At that point, the adoption can proceed with no notice or involvement by the absent bio parent.  Then there will be formal recognition of who the child’s “real parent” has been!

       

      The adoption attorneys at Kalish Law Office have been representing clients in stepparent adoptions for over 26 years. 

       

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      1 Jul 2010

      Choosing a Lawyer: It's All About Balance

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      Well, here I am, back on one of my favorite subjects, “how to choose a lawyer.”  I guess that the reason that I like to write about this subject is that it is the one that I get asked about most frequently.   


      In choosing a lawyer, as in many other aspects of life, it’s all about balance. 

      You want a lawyer that has a good personality, and one that you enjoy working with or talking to, but one who can represent you aggressively when the situation calls for it.  (You want “Nice” but not “Wimpy”.)

       

      You want someone who is not afraid to stand up for you, and insist on your rights. But you don’t want someone that will argue just for the sake of argument   (“Strong”, not “Beligerent”.)

       

      You want an attorney and staff who are open to your ideas, but able to stand up to you and give you an honest opinion and clear direction. (“Open minded”, not “Wishy-washy”.)  

       

      You want someone who will be responsive to you and will keep you up-to-date. But you don’t want someone who will put everything aside every time any client wants to talk.  (“Responsive”, not “easily distracted”.)

       

      And, while you want someone who you can afford, price shouldn’t be the only criteria.  Look for a reasonable price that falls within the range of what is charged in your geographical area for that type of case, by attorneys with the particular level of experience.  An attorney who refuses to cut the price or service when it will negatively affect your case is actually doing you a favor.   

       

       

       

       

       

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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