Adoption & Paternity
One aspect of family law is adoption. The family laws of adoption state that in order for an adoption to be finalized, the adoptive parent or parents must partake in a legal court proceeding within the state of adoption. Like many of the family laws, adoption is an aspect of family law that is highly governed by the ruling of the presiding state court. Whether an adoptive parent or parents decide to go through a state or private adoptive agency, they will be able to assist with this aspect of finalizing the adoption. Even with agency assistance, it is often required by the agencies that a family law attorney be hired to represent you in finalizing the adoption. Most state adoption agencies will assist with the resources or outlets needed for the adoptive parent or parents to hire the family law attorney. The family laws in the state normally have a period of an average of six months plus for when the adoptive parent or parents are eligible to file for legal adoption of the child after they have been placed in the home. Until then, legal custody is still typically granted to the original guardian, or more than likely to that of the state.
Another aspect of family law are matters of paternity. One of the family laws of paternity have to do with the institution of marriage. In this case, the family laws of paternity state that if a woman has a child while married, her husband is legally considered the child’s father. Furthermore, by being the child’s father, family law states that he is to take on his component of the parental duties to that child. There are other instances in which the family laws of paternity state that a male will be assumed the father of a child, thus taking on his portion of his parental duties, if he acts in a way in which he has assumed those responsibilities in the past, be it on a financial level or on an emotional level. With that being said, family law states that if a father or mother has any doubt as to the paternity of a child, he or she is entitled to have the court of family law order a DNA paternity test. The family laws state that if the male is proven not to be the father of the child, he or she will be relieved of his or her parental duties, if he wishes. On the other hand, family law states that if he is the biological father of that child, he is to take on the responsibilities of being that child’s father. That includes but is not limited to paying child support, including health insurance and further medical assistance if applicable, educational obligations, as well as any other special needs the child may have.