Rockville Adoption and Guardianship Lawyers

Guardianship Attorneys Supporting Families in Rockville, MD

Families come in many forms, and parents, children, and other family members can sometimes develop strong bonds that may need to be recognized legally. In some cases, people who provide care for children or others may wish to establish guardianship to ensure that they will be able to meet the needs of their loved ones. In others, families may take steps to legally establish parent/child relationships through adoption. These situations can involve a variety of complex legal issues. An experienced family law attorney at Salvado Law Offices can help ensure that families will be able to address their concerns correctly while taking steps to protect the rights and interests of everyone involved in a case.

Situations Where Guardianship May Be Appropriate

Guardianship is a legal arrangement in which a court appoints a person to care for someone who cannot manage their own affairs. The person being cared for, who is known as a ward, may be a minor child, an elderly adult, or a person with disabilities. Guardianship of minor children may become necessary due to the death or unavailability of parents. A person's last will and testament may nominate someone to serve as the guardian of a child after the death of a parent. Guardianship may also be appropriate if a parent is incarcerated, is deployed on military duty, is absent, or suffers from a physical or mental illness that has made them incapable of performing their parental duties.

Guardianship for adults may be necessary if they can no longer manage their personal or financial affairs due to age, illness, or disability. Elderly adults who suffer from dementia, Alzheimer's disease, or other debilitating conditions may need a guardian to make decisions about their healthcare, finances, and living arrangements. Other adults with physical or mental disabilities that impair their ability to care for themselves or manage their affairs may benefit from guardianship.

The Process of Petitioning for Guardianship

A person who wishes to serve as the legal guardian of a minor child or disabled adult will typically need to complete the following steps:

1. Filing a petition: The process begins with a petition for guardianship that is submitted to the appropriate court. This petition must include detailed information about the person in need of care, explaining why guardianship would be appropriate.
2. Notice and hearing: The court will schedule a hearing and notify all interested parties, including family members and the person for whom guardianship is being sought.
3. Evaluation: The court may require a medical or psychological evaluation to determine the necessity of guardianship.
4. Hearing: During the hearing, the petitioner must present evidence supporting the need for guardianship. They may also need to demonstrate that they are capable of providing the necessary care.
5. Court decision: The judge will decide whether to grant guardianship based on the evidence presented. If granted, the guardian will receive legal authority to make certain decisions on behalf of the ward. They will also have the responsibility to provide for the ward's ongoing needs, and they may be required to update the court regularly on the ward's status to determine whether continued guardianship will be necessary.

Types of Adoption

There are a variety of situations where legal relationships may be established between parents and non-biological children. Some parents may choose to adopt because fertility issues prevent them from having children of their own. Families may use adoption to expand or to provide homes for children in need. Family members who provide care for relatives may adopt children to ensure that they will have the right to make decisions about how the children will be raised. Adoption provides a permanent legal relationship between parents and children, ensuring that children's needs will be met and that parents will be able to provide the necessary care.

The different types of adoption that may be available in Maryland include:

• Domestic adoption: Parents may take steps to adopt a child within the United States. They may work with a public or private adoption agency, or they may reach agreements with a child's biological parents to adopt a child after birth.
• International adoption: Parents may take steps to adopt a child from another country. In these cases, they will need to meet legal requirements in the child's original country and address immigration issues in the United States.
• Foster care adoption: People who provide care for children who have been separated from their parents due to issues such as abuse or abandonment may wish to establish permanent parent/child relationships. When adopting a child through the foster care system, the biological parents' parental rights must be terminated, and other legal requirements must be met.
• Step-parent adoption: A person who is married to someone with a child from a previous relationship may take steps to become the child's legal parent. In these cases, the other biological parent's parental rights must be terminated.

Requirements for Adoptive Parents

Adoptive parents must meet various requirements to ensure they are capable of providing a safe and nurturing home for a child. These requirements may include:

• Home study: A comprehensive evaluation will be performed of the prospective adoptive parents' home environment, their financial stability, and their overall readiness to adopt.
• Background check: Parents' criminal records and other factors may be reviewed to ensure the safety and well-being of the child.
• Training: Parents may be required to participate in pre-adoption training sessions and counseling to prepare for the challenges and responsibilities of adoption.
• Health evaluation: Medical examinations may be performed to ensure that the adoptive parents are in good health and capable of caring for the child.

Contact Our Rockville, Maryland Adoption and Guardianship Lawyers

Navigating the legal concerns involved in guardianship and adoption cases can be challenging. At Salvado Law Offices, our attorneys work to ensure that our clients can address these issues correctly. We provide compassionate representation, helping prepare petitions for guardianship or adoption and working to resolve any issues that may arise. Our goal is to ensure that families will be prepared for success. Schedule a consultation today by contacting our office at 301-933-1814. We assist with guardianship and adoption cases in Maryland and Virginia from our offices in Rockville and Falls Church.