Adoption Attorneys Wichita, KS Serving Your Best InterestsThe adoption process involves the transfer of parental rights and custody to another single adult or a husband and wife. The parental rights of the transferring parent are extinguished and terminated either before or at the time of the adoption. This relinquishment of parental rights can either be voluntary or involuntary. Voluntary adoptions most often take the form of an “agency adoption” whereby a mother voluntary relinquishes her parental rights to a third party. Other methods of adoption usually entail a child in need of care action or a stepparent adoption. Our adoption lawyers Wichita do not handle agency adoptions, but we do have ample experience in handling stepparent adoptions and adoptions that follow a termination of parental rights through a child in need of care case. A parent’s parental rights can be terminated through child in need care proceedings, and oftentimes an adoption follows. Courts generally prefer that a child be placed with a relative if the child’s parents’ rights have been terminated. Our adoption attorneys can assist a concerned relative of a child through both the child in need of care process and the subsequent adoption. The Kansas Legislature created a special procedure for stepparent adoption which often does not require the need for a child in need of care action. A stepparent adoption can be accomplished if the other biological parent consents to the adoption, the other biological parent’s consent is found to be unnecessary pursuant to Kansas law, or the other biological parent’s parental rights have previously been terminated. Generally, a biological parent’s consent is not necessary if he has failed to assume the duties of a parent for two or more years. Our adoption attorneys Wichita, KS can provide advice and counsel for those interested in a stepparent adoption, whether it be voluntary or involuntary. We also have experience in defending fathers who wish to guard against a stepparent adoption.
Guardianship and ConservatorshipA mother and father are the natural guardians of a child. However, if the child’s biological parents have died, their parental rights have been severed, or they have been found to be unfit, the District Court is empowered to appoint a successor guardian to care for the child. In making a determination as to who should be appointed as guardian, the Court will give preference to the child’s relatives and ultimately make a decision based on what is in the child’s best interests. While a guardian is entrusted to care for the child’s well-being, personal care, and education, a conservator may need to be appointed to care for the child’s property. A conservator is most needed if a child’s parents have died without creating a trust and the child has inherited property. The person appointed as conservator is often the same person that is appointed as guardian. Complicated guardianship and conservatorship proceedings can often be avoided by implementing an estate plan.
For more information on adoption, guardianship and conservatorship, please contact the adoption attorneys of Cleary, Wagle & West. Our adoption attorneys Wichita, KS have years of experience in successful litigation in this case type. Please contact our office today for a consultation. Our adoption attorneys are dedicated to the best interests of every client.