relative family member adoptions
A parent being legally required to cease their parental rights is a serious occasion with potentially traumatizing effects for their children. These situations might come about as a result of addiction, abuse, neglect or any other scenario in which the parent is deemed unfit to care for their child.
Typically, the state makes every effort to place the child with family, which is where relative or kinship adoptions come into play
How it all works
When a child first comes into the Division of Children and Family Services (DCFS) custody, relatives and fictive kin (people who aren’t blood related, but are very close with the family) will be notified when possible. These relatives are DCFS’s first choice for placement.
Before a child is placed with anyone, including relatives, a background, health, and safety check will be performed, as well as a home check that ensures that it will be a safe environment for the child.
If these checks and tests are passed, the relative will then become a provisional resource home, and are then required to complete some further checks and training, like parenting courses, to become an approved resource home.
The relatives can then request temporary custody. The court does attempt to reunite children with their parents whenever possible, but if this is not possible, the relative may be granted permanent custody. Ultimately, the court must determine permanent placement.
The adoption process in Arkansas
If it is determined that the child cannot be returned to the care of their parents, and the relatives are granted permanent custody, they can then look into adoption.
One of the first steps toward adoption is a court hearing in which the parental rights of the birth parents are officially terminated. This might mean that the child cannot visit the parent whose rights have been terminated, depending on the decision of the court.
In order for adoption to be granted, relatives may be subject to another home check to ensure that their home is a safe and positive environment in which the child will thrive.
Relatives also have to file an adoption petition, and there will be another court hearing to finalize the adoption. It’s possible to draw up a post-adoption agreement contract, determining the level of parents’ involvement in the child’s life.
Giving children the chance to thrive
When a child is removed from their home, it often also means that they are forced to leave behind everything they know– their home, school, pets, and more. Placement with a relative or fictive kin can make a big difference in minimizing this loss.
Relative adoption also means that the child gets to live with someone who they already have a personal relationship with, further minimizing the turmoil and upheaval they experience.
It’s also been proven that relatives are most likely to support children consistently, and less likely to request relocation or new placement of a child who is having a difficult time or has behavioral issues. Sometimes, adoptive parents who aren’t blood related will break an adoption if the child is having significant health or behavioral problems; this risk is minimized with relative adoptions.
Ultimately, relative adoptions lead to better behavioral and mental health for the child. The stability of maintaining family relationships, community, and cultural identity have measurably positive effects on a child’s future.
Why a relative/family member adoption lawyer in Arkansas is necessary
When dealing with legal issues within a family or pertaining to the wellbeing of children, things can get personal and sensitive fast. An experienced lawyer who knows the ins and outs of family law, specifically relative & family member adoptions, is best prepared to help your family through what can be a stressful time.
A parent who has overcome the issues that resulted in the child’s removal, like addiction, might feel that they are capable of providing a stable environment for the child again. In these cases, it’s best to have legal counsel.
Another example of a problem that might arise: a father who has not officially acknowledged paternity of a child. If the child is removed from the custody of their mother, but the father hasn’t acknowledged paternity, the paternal family might have serious roadblocks in trying to gain custody of the child. An experienced adoption attorney will be prepared to handle this situation.
Even if there aren’t significant problems during the adoption process, the services of an adoption attorney are a necessity. An attorney will help with filing the official petition for adoption and handling all necessary checks and tests, and with determining the amount of involvement the birth parents will have in the child’s life, setting legal boundaries for it if necessary.
At Digby Law Firm, we know that the ultimate goal in relative / family member adoptions is the children’s wellbeing. Our priority is working closely with the family to ensure that the process goes as smoothly and painlessly as possible, establishing legal boundaries before disputes arise and making sure that children are placed in an environment where they are safe, happy, and healthy.
If you are in the process of a relative or kinship adoption in Arkansas, schedule a consultation with us today. We will respectfully and compassionately work with you to ensure a positive outcome for you, your children, and your family.
