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I need help in a family law. Vermont. I had one a couple…

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I need help in a family law

Lawyer's Assistant: Family law varies by state. What state are you in?

Vermont

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I had one a couple years ago everything was going good and now im thinking i need one again

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes , my parents have my rights off my son Austin , not sure about his fathers rights , i want my parents have full 100% rights to him , the have custudy to him

Submitted: 7 months ago.Category: Family Law
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11/30/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,222
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

They can file here fo termination and adoption of your child.You will sign written consent here below.They likely need a lawyer to file for this.

Forms

https://www.vermontjudiciary.org/sites/default/files/documents/PC%20125a_0.pdf

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

More forms

Near-relative adoptions involve some biological or legal relationship between the adopting parent and the adoptee. Like all types of adoption, a near-relative adoption creates a legal parent-child relationship, with all the rights and responsibilities that would exist if the child had been born to the adopting parent. The court treats near-relative adoptions similarly to stepparent adoptions. The court is less involved than in nonrelative adoptions because of the preexisting relationship between the adopting parent and the adoptee. Stepparent adoption forms are often used in near-relative adoptions.

Process

  • Begin by filing a Petition to Adopt, available here:

    Petition to Adopt Minor

    (700-00131) You may also pick up the form at the probate division during business hours. You must complete the petition and sign it in front of a notary public.
  • You must also file a certified copy of the child’s birth certificate, a certified copy of your own birth certificate, and, if applicable, certified copies of your marriage certificate, any divorce or custody orders, pre-placement evaluation, and any subsidy agreements. Please include the filing fee as well.
  • When all required documentation is complete and filed, a hearing date is set. The court sends notice of the hearing to all interested parties.

Before the date of the hearing, you must complete several other forms and perform certain duties. You must submit to a criminal record check and fingerprinting at a police station or sheriff’s office. A fee is due to cover the cost of an FBI fingerprint record check. The FBI processing takes about 8 to 10 weeks. The court may also require an evaluation to make sure the adoption conditions are suitable.

Before an adoption can proceed, the court must address the parental rights and responsibilities of the biological parents. If the biological parents agree to terminate parental rights, a hearing date can be set for them to consent to the adoption. Before the hearing, the biological parents must file with the court a Statement on Disclosure of Identifying Information and Information About Birth Family form:

Disclosure of Identifying Information

(700-00127)

The first form states whether the parents would like their identity disclosed to the adoptee later in life. The second provides information to the adoptee that might be useful later in life. Biological parents can terminate rights by completing a Consent of Parent form in the presence of the judge or someone approved by the court.

Consent of Parent Who is Not Stepparent’s Spouse (Non-Custodial Biological Parent)

(700-00139A)

The consenting parent whose rights will terminate has a right to legal counsel when they sign the consent. If they choose not to exercise this right, they must sign a Waiver of Counsel at the same time.

If a biological parent whose rights will be terminated by the adoption does not voluntarily consent, you may file a Motion for Termination of Parental Rights and have it served on the parent. Termination of legal rights is a complex procedure, and the court recommends that all parties in such a case have legal counsel. The court will appoint a lawyer for a biological parent who is unable to afford one.

If the child to be adopted is 14 years old or older, they must sign a Consent of Minor in Adoption form in the presence of the judge at the final adoption hearing.

Consent of Minor in Adoption

(700-00139D)

If the child is under legal guardianship of someone other than the biological parents or was relinquished to an agency, the legal guardian or the agency must sign a Consent of Guardian or Agency in Adoption form in the presence of the judge at the final adoption hearing.

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