Contested Adoptions & Paternity

Adoption is considered "happy law" because the attorney is in a position to make a number of people happy. On occasion, however, things go wrong along the way in an adoption story and the parties find themselves before a judge.

When Birth Parents Change Their Minds A biological mother or father may contest the adoption on the basis of one of the following factors:

• The biological father may claim that he was never informed of the birth of the child and never had the opportunity to terminate or retain parental rights.

• The biological mother or father may contest the jurisdiction of the court.

• She or he may contest the validity of the consent document on technical grounds.

• She or he may contend that consent to terminate parental rights was obtained under fraud or duress.

• A biological parent may seek to derail an adoption in process in order to pursue placement of the child with another potential adoptive parent of his or her choosing.

I am well versed and experienced in adoption disputes and will represent clients in cases of adoption complications when birth parents reappear or seek to stop the finalization of an adoption at the last minute.

Representing Any Party In A Contested Adoption

No matter what type of contested adoption you are involved in, I can help. You may be a biological father opposing the proposed step-parent adoption of your child, a would-be adoptive mother or father, or a grandparent seeking guardianship or to assert rights to custody or visitation. I can also help if you are a foster parent seeking to formalize an already established parent-child relationship through adoption or if you are in need of counsel regarding paternity issues.

Guardianship

Caregivers can assume legal guardianship of a child in out-of-home care without termination of parental rights, as is required for an adoption. Legal guardianship is more durable but more complex than transfer of custody to caregivers. Guardianship is most frequently used when relative caregivers wish to provide a permanent home for the child and maintain relationships with extended family members but there is not a termination of parental rights.

A guardian makes legal decisions on behalf of the ward including accessing and monitoring supports and services for physical, psychological and emotional care. The guardian provides informed consents and maintains communication with service providers including case managers, facility staff and medical providers. A guardian advocates for and protects the personal, civil and human rights of a ward.

Permanency Litigation

Representing parties when a child has become a ward of the state can be challenging. The system many times seems to not work in your favor. It is important to know your rights and have someone who is familiar with the system to help navigate. We have worked with parents, grand parents and foster parents help a child that they love reach permanency. Part of the practice includes Lisa serving as a Guardian ad Litem in Shawnee County Kansas. This requires helping the court decide what is in a child's best interest who has been taken into the custody of the State and determined to be a Child in Need of Care (CINC). While the ultimate goal for any child in foster care is to reunify with their parents and return home, this is not always possible.