Famularo & Associates -- Family Law Attorneys

41690 Enterprise Circle North, Suite 100, Temecula, California 92590 (Near the intersection of Winchester and Jefferson)

Saturday, October 18, 2008

Adoptions in Temecula: Adoption Information for Step-Parents

An adoption action the legal process whereby an adult who is not biologically related to a child acquires all the rights and responsibilities as if the child was naturally that parent's. Once an adoption is finalized, the adopting parent is obligated to love and support the adopted child as the child was that parent's own biological child. There are two types on adoptions: step-parents adoptions and independent adoptions. The most type of adoption is when a step-parent assumes the role of the natural parent. This is commonly called a step-parent adoption. In these types of cases, one of the parents is already the natural parent of the child, and only the step-parent is adopting the child. At the end of the adoption process, one of the natural parents still has rights over the child, one parent's rights are terminated, and the step parent steps into the shoes of the parent whose rights were terminated. If the step-parent later divorces the natural parent, both parents are treated equally, and neither parent will be given preference in awarding custody. Each parent must also support that child. A step-parent adoption requires the filing of a lawsuit in either Riverside or Hemet. Once the lawsuit is filed, a home study will be conducted, and the natural parent whose rights are being terminated have a chance to object. If the natural parent objects to the adoption, there is a trial. If the court determines it is in the child's best interest to be adopted, the step-parent's petition will be granted. Generally speaking, the process takes six to nine months. Adoption proceedings should not be attempted without the help of an experienced adoption attorney. If you are considering an adoption, please call our office to set up a free consultation.

Friday, September 19, 2008

Waiting Period in an Amended Petition

Dear Famularo & Associates Hello, I have been reading the information your website has to offer, but I am unable to get an answer there. So, I am writing to find an answer tothis... I filed my divorce in March of 2008... the respondant was served 5 days later. My husband did not respond within 30 days, and then I filed and re-served him with an Amended Petition for a divorce. My question is this... I know there is a required waiting period of six months. Is my final date six months after original service or does my waiting period STARTED OVER again from the time I re-served him with the Amended Petition? Thank you, E.J. in Murrieta Dear E.J. Unfortunately, once you file and serve the Amended Petition, it is as though the original Petition was never filed. Thus, your waiting period starts over again from the time the Amended Petition is served. -- Famularo & Associates