Adopt: Ask Our Legal Expert: Diane Michelsen, Esquire

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Legal Expert
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Question about adoption
Can there be a temporary adoption? Where say two young parents have a child and their parents would like to adopt it until they are able to care for the child?

Response from Diane Michelsen:
The solution is a guardianship. You can simply make your parents the guardian of the child until you are able to care for the child. There are no temporary adoptions.

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Diane Michelsen
dianem@silcon.com
HTTP://WWW.LODM.COM

adoption reversal
My brother and I were adopted by a step-parent when he was 13 and I was 12, approx. Not only did we not like this guy, but we really didn't have much of a say in whether or not we wanted him to adopt us. At any rate, my mother divorced my step father over 11 years ago, and we haven't had any contact with him since that time.

So my question is: Is there any way that we can have our adoption canceled or reversed (I'm not sure about the wording...)? I feel like it is such a farce to have his name on my birth certificate, especially under the circumstances. Is there any way I can get it taken off?! Please advise. Thanks so much!

Response from Diane Michelsen:
Hi, as far as I know, there are no grounds to undo an adoption stepparent or otherwise because you don't like the parent and he/she is not in your life anymore. However, California and many other states have provisions for adult adoptions wherein another person can adopt you without that parents permission. Usually the requirement is that the adoptee must be over l8 and the adopting parent must be older than the adoptee. If a parent is to retain rights, then that parent must usually agree to the new parent's petition.

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Diane Michelsen
dianem@silcon.com
HTTP://WWW.LODM.COM

Question:
I am in a relationship with a woman who had a son as a teenager. she married a man who is not the childs biological father when her child was 4yo. He adopted the child within the first year of their marriage. They were divorced a year ago this november. Since that time he has expressed or shown no desire to be in this 7yo's life. in fact, he has stated that he would relenquish his rights altogether. We are curious to know how adoption reversal could be made possible in this situation and what the necessary steps are that we need to take. Also, when this is accomplished will her sons name be automatically changed back to what it was on the original birth certificate?

Response from Diane Michelsen:
I see no mechanism for an adoption reversal in the laws. Indeed, it appears to be against public policy. However, if there is someone else who wants to adopt the child as the child's father, this is doable. Also, the child's mother can bring an abandonment action against the stepfather if he has not visited (or communicated), or supported the child for one year.

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Diane Michelsen
dianem@silcon.com
HTTP://WWW.LODM.COM

Question:
What can one exepect legal fees/attorney fees to be? I have been quoted a one hour consult with an adoption attorney to be $400 -- not sure if this is average/high/or low? Your insights?

Response from Diane Michelsen:
Adoption attorney rates range from $l50 to 350. $400 for a one hour consult is very high. Generally, an excellent attorney in the field will charge in the $250 per hour range

Question:
I have a question about open adoption. What are the birth fathers rights if he opposes adoption? We are in California.

Response from Diane Michelsen:
This depends on his status of presumed or alleged, and what he has done since he learned of the pregnancy and or delivery. Rather than deliver an entire treatise on the subject, please let me know his relationship to you...(married, boyfriend, dating, brief encounter, what he has done since he learned of the pregnancy. Then I can discuss pertinent law.

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Diane Michelsen
dianem@silcon.com
HTTP://WWW.LODM.COM

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