Common Questions About Adoption

Nik Fondren • Feb 07, 2024

Common Myths and Misconceptions Regarding Adoption

Adoption has been around for many years. It has provided countless families with children to love and helped their families grow. The first modern adoption laws introduced in 1851 provided a way for families to adopt children legally. Despite being around so long, it is a process often shrouded in mystery. Take the chance to read through a few common questions about adoption and learn the truth behind some of the biggest misconceptions. 


How Long Does an Adoption Take?


The amount of time adoption can take will depend on many factors, so it’s tough to provide a timeline. What the adoptive parents are looking for, how they’re going through the adoption process, whether they’re interested in international or domestic adoptions, and more can all play a part in determining how long it might take. 


Who Can Adopt?


Almost anyone can adopt. In most states, the minimum age for adoption is 21, though in others it is 18. Some agencies will require the prospective parent/parents to be at least 25 years old. The prospective parent/parents must pass a background health and may have to have a physical to show they don’t have any medical condition that will prevent them from being able to parent. 


Can a Single Parent Adopt?


Again, this does depend. In the US, it is legal for a single parent to adopt, but some agencies may not work with single parents. When adopting internationally, be aware that some countries do not allow single-parent adoptions. Finding the right agency to work with or looking into other ways to adopt may be preferable for single parents. 


What are the Adoption Costs?


With the wide range of types of adoption, the cost can vary significantly. Adopting through an agency may differ from working exclusively with a family lawyer for private adoption. International adoption can also vary in costs, depending on how the adoption is done, the country the adopted child is coming from, and other factors. Adoption can be expensive, but help is available in some instances, too. 


What is an Open or Closed Adoption?


Whether an adoption is considered open or closed is based on the contact the biological parents wish to have with the child. In an open adoption, the biological parents’ contact information is provided to the adoptive parents. In some cases, the biological parents can meet the child as they grow. In a closed adoption, the biological parents’ contact information is kept confidential. This doesn’t mean finding the biological parents is impossible, but it can make it more challenging. 


Which is Better: International Vs. Domestic Adoptions?


Neither one is better – it depends on the adoptive parents' wishes. Some may want to provide love and stability to a child from another country, while others may wish to look closer to home. The decision may also be influenced by how quickly the parents want to adopt, whether they’re willing to go through the red tape common with international adoptions, and many other factors. 


Is It Better to Go Through an Agency or Work With a Lawyer?


There are many ways to go through the adoption process, and working with an agency to help find a prospective child can make it easier. However, working with an adoption lawyer is also a good idea. The lawyer can ensure everything is done legally and help the prospective parents through the legal side of the process. If someone already knows of a child they want to adopt, and adoption is possible, working directly with a lawyer may be beneficial, as the lawyer can provide information on the steps they need to take. 


Common Adoption Myths and The Truth Behind Them


Many myths about adoption are still prevalent today. Read through some of the most common myths and learn the truth about adoption. 


You Have to be Married


It is not a requirement for parents to be married. Single parents can adopt children. There are some agencies and international countries that may not work with single parents, but someone who is single can adopt using other methods. 


You Have to Own a Home


Homeownership is not a requirement for adoption. Adoptive parents can own a home or rent. The child needs stability, but as long as the prospective parents have a home, they do not need to own it to adopt. 


You Can’t Adopt if You Have Biological Children


Parents with biological children can adopt. Many adoptive parents also have biological children. Though parents who can’t have children may look to adopt, some parents have children already and are looking to add to their family to have more children to care for and love. 


Biological Parents can Take the Child Back


There have been cases where adoptions have fallen through, but that is before the adoption is finalized or if the adoption was not done legally. As long as the adoption has been finalized, the biological parents can't take the child back. Working with a lawyer is a good way to ensure everything is done legally. 


International Adoptions are Faster


While this can be true in some situations, it’s not necessarily true all the time. In fact, because of the red tape and regulations many countries have, it can be more complicated to adopt from a foreign country. There can also be delays and other challenges prospective parents may need to face before the adoption is complete. 


Prospective Parents Must Have Perfect Health


While parents may need to go through a physical before an adoption is complete, they do not need to be in perfect health. As long as any medical conditions, physical or mental, are controlled and they have the ability to parent, a health concern is not going to keep the adoption from being finalized.


Prospective Parents Must Have a Lot of Money


It’s not necessary to be rich to adopt. Adoption can be expensive, but there are ways to minimize expenses. As long as the parents are able to provide for the child, they do not have to be rich or have a certain amount of money. 


Adoption is a process that has been around for many years, but it is still often confusing. There are many avenues for adoption and the process is different for each one. If you’re thinking about adopting a child, speak with a lawyer today to learn more about your options and how they can help. 

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Know Your Rights: What to Do When Stopped by the Police

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Nobody wants to be stopped by the police, even when they have done nothing wrong. If you are in this situation, knowing what to do can help reduce the stress associated with this encounter. Stay calm and never act hostile toward the officers. Know your rights and what to do so the situation doesn’t escalate. Know Your Rights Most people know they have the right to remain silent during an encounter with law enforcement. You may be required to provide your name, depending on state laws where the encounter occurs, but that is it. Firmly state you wish to remain silent and stop speaking. They cannot compel you to do so once you make this statement. Furthermore, if police stop you while driving, the right to remain silent applies to any passengers in the vehicle. Passengers might also ask if they can leave during this traffic stop. If officers say they may, they should do so quietly. The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. Law enforcement officers cannot search your person, home, or car without your permission unless they have a warrant. Have them produce this warrant so you can review it. However, officers may pat you down to check for weapons. They are permitted to do so for their safety. If the officers ask to search, say that you do not consent. They may conduct this search anyway, depending on the circumstances of the encounter. This verbal statement that you do not consent to the search may become important if authorities file charges against you. When officers enter the home, they may not search without your permission or a search warrant. If they arrest you at home or work, they have the right to search the immediate area or anywhere they can see criminal activity. Pay attention to what they do throughout this search to confirm they conduct it properly and don’t overstep their bounds. Every person has a right to a criminal defense attorney in Cullman, AL . Request a government-appointed attorney if you cannot afford to hire a lawyer. Let the officers know you would like to make a phone call. They cannot listen to any calls between you and an attorney, but they have the right to listen to all other calls you make. The officers can tell you how to request a government-appointed attorney if one is needed. Handling Police Encounters Safely During any encounter with the police, stay calm. Never volunteer information, even if it seems harmless. Use your right to remain silent or only answer direct questions, never offering additional information when doing so. Never argue with officers or bad-mouth them, as doing so could change the whole tone of the interaction. If officers attempt to pull you over while you are driving, continue operating the vehicle until you reach a place where it is safe to stop. Never stop in the middle of the road or impede traffic, as doing so puts you and the officer at risk of harm. When the vehicle is stopped, remain in the car, turn on the interior light, and put your hands where the officer may see them. Ask passengers in the vehicle to show their hands as well. Provide any documents requested by the officer during this traffic stop. They may ask to see your driver’s license, registration, and proof of insurance. Before collecting these documents, let the officer know where they are located. Reaching into a glove box or under the seat may appear to be a threatening move to the officer. Letting them know that is where the documents are and that you aren’t reaching for a weapon can help to reduce tension. Never run from a police officer. Also, do not touch the officers, as any touch could be construed as threatening in a volatile situation. If officers arrest you, go willingly. Don’t resist or become combative. Doing so could make a bad situation worse. Common Misconceptions People often believe they must consent to a search or take a breathalyzer test. 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Will Alabama Law Allow You to Relocate With Your Child After a Divorce? Steps on What To Do

By Nik Fondren • 13 Nov, 2023
Finding a better job, living in a larger home, and being in a better school zone are just a few of the reasons to move when you have kids. As complex as a move can be, it can be even more complicated when there’s a custody and visitation order after a divorce. While no one can stop someone from moving, it can impact custody and visitation, and it may be possible to be prevented from moving to another city or state. Those who are considering a move will want to understand Alabama laws and how they can impact the relocation. Before moving, some extra steps need to be taken to make sure everything is as smooth as possible and to make certain potential disruptions in parenting time or custody are minimized. What Counts as a Relocation? In Alabama, a relocation that requires additional steps is any move where the parent will be living more than 60 miles from their previous home. If the parent is moving across town for their job, to get into a better school zone, or for any other reason, the other parent may not be able to object since the location will likely be within 60 miles. If a parent moves more than 60 miles away, however, they must notify the other parent. In this situation, the other parent has the opportunity to object to the move. As long as the move is not far, the courts are generally not involved. The other parent does not get to say the move can’t occur since it is still within a reasonable distance. Of course, there may be exceptions to this if the move is not in the child’s best interest. If the move is more than 60 miles, though, the other parent can intervene and request the courts deny the move to prevent it from happening. Often, this is done if it will impact the other parent’s visitation abilities or have a potentially negative impact on the child. Parents who are concerned about whether a move counts under Alabama law can speak with a child custody attorney . This provides them the opportunity to learn more about the potential outcome if the other parent objects to the move or what they need to know to start the process. Providing Notice for the Relocation When a move is pending, the parent who is moving must give the other parent at least 45 days' notice of the move if it will be more than 60 miles away. This amount of time offers the other parent the option to object to the move in the courts and request the move be denied if they believe it’s not in the child’s best interest. If the parent finds out they will need to move in less than 45 days, they must provide the other parent with at least 10 days' notice. This may happen if there’s an emergency with the home or a parent is required to move for work. Objections to a Move The parent who is not moving does have the ability to object to it. To do this, they will need to file an official objection with the courts. At this point, a hearing will be scheduled, and both parents are required to attend. At the hearing, various considerations will be discussed to determine if the move will be allowed by the courts. It is highly recommended for the moving parent to speak with an attorney who handles Alabama family law before the hearing to get a better idea of what to expect. If the judge denies the move because they do not believe it’s in the best interest of the child, the parent will need to determine their next move. This could include negotiating visitation times to make the move more beneficial for both sides or moving to somewhere within the 60 miles that will still allow them to meet the goals of the move. It is possible in some situations to appeal the decision made by the judge, but this can take time, and alternative resolutions may be a better idea. A revised custody and visitation order may be created if the judge approves the move. This will be done to make sure the parent who is not moving is still able to be in contact with the child and able to have visitation. Depending on various factors, such as the distance of the move, visitation can still be the same or change significantly. The goal, however, is to allow the move without reducing or limiting the visitation of the parent who will not be relocating. Considerations for the Court The court will consider numerous factors when determining if a move is in the best interest of the child. Some of the factors they’ll consider can include the following. Relationship with Other Parent – They will consider how the relationship can be impacted by the move. Transportation – Whether transportation will be an issue for either parent can be a significant concern with longer distances. Parental Communication – There needs to be thought about how the parents can and do communicate about the child, especially over longer distances. Impact on the Child – Whether it will positively or negatively impact them, the effect it may have on their education, and more. Ability to See Siblings – If the child has siblings who are not moving, their chance to be together and know each other may be considered. Location of Residence – Moves out of the country may not be as likely to be approved as ones still within the US, even if the parent is planning to move to another state.  Moving to a new home can be exciting and full of opportunity, but relocating after a divorce can be a little more complicated. For those parents who are considering a move, speaking with an attorney is a good idea before making any concrete plans. This provides them with an opportunity to learn more about Alabama laws and how they can influence the move.
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