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Child custody refers to the housing and care that a child receives from their parent or guardian. Caring for a child is an inexpressibly important task; therefore the list of responsibilities pertaining to custody is long and complex. In the event of a divorce between two parents child custody can become a perplexing and often distressful issue. The following information is meant to help guide you through the legal web of child custody and child support.

Types of Custody

Adoption Law

Adoption law governs the legal relationship of a parent and child between persons who are not each other’s biological parent or child. Adoption laws are mainly a product of individual state law and these laws vary from state to state. But regardless of location, adopting a child is a complex decision. Those who wish to adopt a child must not only be willing and able to welcome another person into their family; they must be willing and able to accept the legal and bureaucratic issues that come along with the process. The key to a successful and smooth adoption is to understand all of the necessary aspects involved: finding reputable attorneys and agencies, knowing the advantages and disadvantages of different types of adoptions, and being actively involved in each step of the process without losing patience.

Below is a basic guide to help you navigate the adoption process. Keep in mind that each adoption case is different and this basic guide may not apply to every adoption case.

1. Know the Basics

As defined by the U.S. State Department, adoption is "the judicial or administrative act that establishes a permanent legal parent-child relationship between a minor and an adult who is not already the minor's legal parent and terminates the legal parent-child relationship between the adoptive child and any former parent(s)". Before all else, it is important to understand that adoption is permanent. Deciding to bring a child into your life through adoption is a lifetime commitment.

If you are thinking about adoption, the first step is to understand some basic facts about the adoption process. Every type of adoption has its own requirements, including adoptive parent qualification standards, waiting periods, paperwork, and court appearances, as well as its own costs, which can range anywhere from zero to $30,000 or more. Additionally, most states impose different and varying pre-adoption requirements for most types of adoptions. Prospective adoptive parents are encouraged to learn about their chosen type of adoption's process and their state's adoption laws before choosing to adopt a child.

2. Determine What Type of Adoption is Right for You

There are many different ways to adopt a child. Each method has its own advantages and disadvantages, as well as its own legal stipulations. It is important to understand what each adoption method entails so you can determine what type is best for you and your situation.

Agency Adoptions

Agency adoptions involve the placement of a child who has fallen into the custody of the state for reasons such as orphanage or abuse, with adoptive parents by a public agency, or by a private agency licensed or regulated by the state government.

There are significant advantages to having an agency manage your adoption. Agencies are experienced in finding a good child-parent match and aiding the parent(s) with fulfilling the necessary legal requirements. Most agencies will take care of the crucial elements of adoption, such as conducting the home examination, obtaining the necessary consents, and advising parents on any specific state law requirements.

Private agency adoption provides extensive counseling for all parties involved. This is extremely important because it can smooth out any emotional or legal rough patches that may arise throughout the adoption process. On the down side, private agencies are generally very selective when accepting adoptive parents and they tend to cost more than public agencies. Private agencies weed out potential parents based on any number of reasons, including age, marital status, income, health, religion, sexual orientation, and personal history.

Public agencies are much less selective when choosing adoptive parents and there services come at a much lower cost than private agencies. In fact, some public agencies do not charge fees at all for placing children in adoptive homes. But public agencies do not generally provide the many other services, such as counseling, that private agencies offer.

There are many factors that influence the cost of agency adoption, including the age of the adoptive child and the state in which the adoption will take place. The cost of public agency adoptions generally ranges from zero to $2,500. Private agency adoptions can range anywhere from $4,000 to $30,000 or more.

Even if you use an agency, you may want to hire a knowledgeable attorney to aid in legal representation and draft the necessary legal documents. Keep in mind that these attorney fees will add to the cost of adoption.

Independent Adoptions

In an independent, or private, adoption, no agency is involved in the adoption process. Some independent adoptions involve a direct arrangement between the birth parents and the adoptive parents, while others use an intermediary such as an attorney, doctor, or clergyperson. This type of adoption is attractive to all parties involved because it allows them to keep control of the process. The birth parents and adoptive parents can meet, get to know each other and keep in contact throughout the adoption life. Independent adoptions also help bypass long waiting lists, restrictive qualifications, and costly fees that can come with agency adoption. However, there are certain disadvantages of independent adoption that adoptive parents should keep in mind.

Many states laws make independent adoption a difficult process for the adoptive parents. For example, states prohibit attorneys from being involved in the “birth parent-adoptive parent matching” phase of the process, or limit the amount of money adoptive parents can contribute to the birth mother's medical expenses. Some state laws also give the birth parent a certain amount of time in which she can revoke her consent to give her child up for adoption. It's important to be aware that, if the birth parent changes her mind, prospective adoptive parents can lose significant investments of time and money without any recourse, not to mention the emotional stress of losing the child they had planned on adopting.

Because each case is unique, the costs of an independent adoption vary greatly. Generally, prospective adoptive parents should expect to cover the costs of finding a birth mother, the costs involved with the pregnancy and birth, and the costs related to the legal process. Some states even allow the birth mother's living expenses during the pregnancy to be covered. The average cost of an independent adoption can range anywhere from $8,000 to $30,000 or more. Be aware that, because it is illegal in any state to buy or sell a human baby, each state has its own laws regarding which expenses may be paid by prospective adoptive parents. Most states require all payments to be itemized and approved by a court before the adoption is finalized. Be sure you understand and follow your state's laws, because your adoption could be invalid if you make improper payments.

For most independent adoptions, the prospective adoptive parents usually hire an attorney to handle the legal paperwork and procedures. These procedures vary from state to state, but court approval for independent adoption is required by all states. Independent adoptions are not allowed in Connecticut, Delaware, or Massachusetts.

Independent adoptions can be "open" or "closed". An open adoption is one in which the birth parent keeps in touch with the child after the adoption is finalized. Open adoptions are becoming increasingly common because they allow the birth parent and the prospective adoptive parents to have more control in the decision-making process. In a closed adoption, the birth parent agrees that they will make no contact whatsoever with the adoptive parents and child after the adoption takes place. Many birth parents choosing to go through a independent adoption are specifically looking for adoptive parents who'll support an open adoption, so it is important to decide whether or not you'll want an open arrangement before starting the adoption process.

International Adoptions

International adoptions are a private legal matter, much like an independent adoption, between prospective adoptive parents and a foreign court, which operates under that country's system of law. In an international adoption, the adoptive parents agree to bring home and raise a child who is a citizen of a foreign country. A key first step is to research foreign country adoption requirements. Some countries have certain restrictions that may limit your ability to adopt. For example, some countries have age or income requirements for adoptive parents. Some countries allow single-parent adoption, while others do not.

Like all types of adoption, there are specific advantages and disadvantages to international adoption. Because this type of adoption deals with the laws of a foreign country, the process can be extremely complex. In addition to satisfying the adoption requirements of both the adoptive child's home country and the adoptive parents' home state, the new parents must obtain an immigrant visa for the child through U.S. Citizenship and Immigration Services before the child can become a legal U.S. citizen. This process can require much more paperwork than other types of adoptions. However, much of the paperwork for an international adoption can be completed before you have identified a specific child to adopt. Since the paperwork involved often takes a long time to process, advance preparation is a valuable option.

Because each case is unique, the costs of an international adoption vary greatly. There are many factors that influence the cost of an international adoption, including the child's age and the country in which the adoptive child was born. The average cost of an independent adoption can range anywhere from $7,000 to $25,000 or more.

It is important to note the recent changes to international adoption law. As of April 1st, 2008, the Hague Adoption Convention is the governing body of international adoptions between the United States and the other 76 Convention member countries. The Convention establishes federal oversight of adoption agencies in the U.S. and policies overseas in order to protect all parties involved in the adoption process from unethical practices, such as abduction, sale of, or traffic of children and hidden fees. Adopting from a Convention member country may be more convenient and less risky than adopting from a non-Convention country.

Other new adoption requirements in the United States also aim to protect all parties involved in an international adoption. Agencies in the U.S. must now be certified by the State Department. If an agency you are considering is not certified, it is in your best interest to find one that is. Also, parents planning an international adoption must prove to the State Department that the foreign country's agencies have provided adequate counseling for, and obtained consent from, the birth parents, that local placement of the child has been considered, and that the child has been properly cleared from adoption in the U.S. These new requirements may cause international adoptions to take longer then they have in the past, however without them, adoptive parents would be more exposed to corrupt agencies of other countries.

Stepparent Adoptions

In a stepparent adoption, a child is adopted by the new spouse of his or her birth parent. In most states, stepparent adoptions are relatively quite simple. The waiting period, home study and even the adoption hearing may sometimes be waived. The only difficult step may be getting the consent of the other birth parent. In all stepparent adoptions, the child's other birth or legal parent must consent to the adoption. If this consent is refused, or the other parent cannot be found, there is much more paperwork to do and the adoptive parents may need an attorney.

Same-Sex Adoptions

Same-sex adoption laws vary from state to state. In states that recognize same-sex relationships, same-sex couples may adopt children in the same ways as opposite-sex couples. In other states, the process may be more difficult due to restrictive qualifications of adoption agencies. In these states, depending on state law, it may be wise for same-sex couples to look into independent adoption options and to hire the help of an attorney.

Relative (Kinship) Adoptions

In a relative, or kinship, adoption, the child is adopted by a member of his or her legal family. For example, grandparents or aunts and uncles often adopt their family members' children if the parents of the children die while the children are minors, or if the children's parents are unable to properly care for them. In most states, this type of adoption is relatively simple, assuming that no one is in objection to the adoption. The adoption procedures usually involve filing a written petition with the state court requesting the adoption, appearing in court for a hearing, and obtaining consent from persons who would be affected by the adoption, including biological or legal parent(s) of the child if possible. If the child is above a certain age, the child's consent may also be necessary.

Adult Adoption

In an adult adoption, one person adopts another person who is over the age of majority (usually the age of 18), as defined by individual state law. This type of adoption is treated the same as any other type of child adoption, including the severance of existing legal parental relationships and amended birth certificates. There are three main reasons people pursue adult adoptions:

• Inheritance. Creating a parent-child relationship that will be legally recognized so that the adopted person can inherit from the adoptive parent(s).
• Formalizing a parent-child relationship. When a previous stepparent-stepchild, foster parent-foster child, or informal parent-child relationship existed, the adult parties may want to formalize the relationship through adoption.
• Perpetual Care. If the person to be adopted is of diminished capacity or abilities, adoption may provide a means of assuring him/her of lifetime care under family insurance, as a legal family member, or through inheritance.

It is not uncommon for older adults to adopt unrelated younger persons who they meet and wish to treat as their children for inheritance purposes. Please note that there are strict protections in place in most states requiring oversight of adult adoptions where caregivers of the elderly are involved, in order to prevent unethical financial actions of the adoptive adult.

3. Participate in The "Home Study" Process

All states require prospective adoptive parents to participate in a "home study". The "home study" process has three purposes: to prepare the adoptive family for adoption, to gather information that will help aid in the matching of a child with the family, and to evaluate the fitness of the adoptive family. Specific requirements and processes can vary from agency to agency, state to state, and by the child's country of origin (in the case of an international adoption). The general steps in the "home study" process include training prospective adoptive parents, interviews, providing health statements and income statements, background checks, and providing references.

4. Find a Child Available for Adoption

Whether you are looking to adopt a child in the U.S. or from a foreign country, you have a number of options in locating a child for adoption. There are also a number of steps you can take to obtain background information on children who are available for adoption. Some of the best ways through which to find a child for adoption include agencies, places of worship, surrogacy, and government organizations.

5. Obtain Consent to Adoption & Termination of Parental Rights

"Consent" in the adoption context refers to the agreement by a birth parent to give up his or her child for adoption and to release all rights and duties with respect to that child. Each state has laws related to who must consent, how consent may be given, and when it may be given. Termination of parental rights ends the legal parent-child relationship between a prospective adopted child and his or her birth parent(s). Once the relationship has been terminated, the child is legally free to be placed for adoption.

6. Obtain Adoption Petitions & Court Approval

All types of adoption, whether handled by and agency or done independently, will eventually need to get court approval. In most states, parents adopting a child will file an adoption petition in court, and may need to go through an adoption hearing before the adoption may become final. A petition is basically a request for approval of the adoption. A standard adoption petition usually includes the following five pieces of information:

• the names, ages and address of the adoptive parents
• the relationship between the adoptive parents and the prospective adoptive child
• the legal reason that the birth parent(s) rights are being terminated
• a statement that the adoptive parents are fit and appropriate to adopt the child
• a statement that the adoption is in the child's best interest

Usually, the written consent of the birth parent(s) and or the court order terminating their parental rights is filed along with the petition. Adoptive parents also often include a request for an official surname change for the child.

Prior to the hearing, any persons required to give consent to the adoption must receive notice. State law varies on the notice requirements so make sure you are aware of your own state's rules. At the hearing, the court will determine whether or not the adoption is in the child's best interest. If the court approves the adoption, the judge will issue an order finalizing the adoption, called a final decree of adoption. this order legalizes the new parent-child relationship and generally changes the child's surname to that of his or her adoptive parents.