The adoption of a child is an incredible responsibility to undertake, and something that people choose to do under a number of different circumstances. And because of the gravity of the situation, the Kansas Courts will take great pains to ensure that not only is this measure in the best interest of the child, but that it is in your interest as well. This is not something that a person can erase a few months later.
In some adoptions, a proposed adoptive resource will have the CINC (Child in Need of Care) Court’s permission to adopt a child whose parents have already lost or relinquished their parental rights. If a proposed adoptive child still has legal parents, you must obtain a relinquishment or termination before you can proceed.
Statute requires a home study and other information regarding the well-being of your personal situation before it grants a petition for adoption. In the event of a step-parent adoption, the code has made it a bit easier to adopt, but you will still need the consent of the natural parents, or a termination of parental rights of the parent who is not your spouse. The Court waives the requirement for a home study or assessment under certain circumstances.
A guardianship is another means of attaining custody rights to a minor child, but holds short of attaining full parental rights. Guardianships, as well as adoptions, can be petitioned for even if the proposed ward or adoptee is now an adult. These types of legal arrangements are normally used when permanent relief is not necessary, and the expectation is that the control over the proposed ward will eventually be assumed by the parent, or that the ward may soon be emancipated. Guardianships or Conservatorships for adults are used when an adult is not of a capacity to manage their own affairs and require a competent individual to assist.
If you are in need of this type of relief, Leiker Law Office, P.A. can help.