In Washington, DC, termination of parental rights is a prerequisite to an Adoption. Adoptions are either consensual or contested. We specialize in both private and Child and Family Services Agency (CFSA) involved subsidized adoptions. It is critical to have the assistance of an experienced family law DC adoption lawyer from the beginning to minimize the added litigation and possibly work out a consent agreement early on or to draft a practical and sustainable post adoption contact agreement in exchange for consents or to resolve the litigation.
If contested however, below are the statutory elements that needs to be established by clear and convincing evidence:
d) When a parent whose consent is herein before required, after such notice as the court directs, cannot be located, or has abandoned the prospective adoptee and voluntarily failed to contribute to his support for a period of at least six months next preceding the date of the filing of the petition, the consent of that parent is not required.
(e) The court may grant a petition for adoption without any of the consents specified in this section, when the court finds, after a hearing, that the consent or consents are withheld contrary to the best interest of the child.
In determining the best interest of the child, the court will consider the below listed factors which are incidentally the termination of parental rights elements:
1) the child's need for continuity of care and caretakers and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; 2) the physical, mental and emotional health of all individuals involved to the degree that such affects the welfare of the child, the decisive consideration being the physical, mental and emotional needs of the child; 3) the quality of the interaction and interrelationship of the child with his or her parent, siblings, relative, and/or caretakers, including the foster parent; (3A) the child was left by his or her parent, guardian, or custodian in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child was ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child; (4) to the extent feasible, the child's opinion of his or her own best interests in the matter; and (5) evidence that drug-related activity continues to exist in a child's home environment after intervention and services have been provided pursuant to section 106(a) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; § 4-1301.06(a)). Evidence of continued drug-activity shall be given great weight.
If you are either a parent facing termination of parental rights, or a prospective petitioner seeking to file an adoption petition for a child in US territory or outside the US territory, contact our experienced tenacious Family Law DC adoption lawyers for an immediate advise.
If contested however, below are the statutory elements that needs to be established by clear and convincing evidence:
d) When a parent whose consent is herein before required, after such notice as the court directs, cannot be located, or has abandoned the prospective adoptee and voluntarily failed to contribute to his support for a period of at least six months next preceding the date of the filing of the petition, the consent of that parent is not required.
(e) The court may grant a petition for adoption without any of the consents specified in this section, when the court finds, after a hearing, that the consent or consents are withheld contrary to the best interest of the child.
In determining the best interest of the child, the court will consider the below listed factors which are incidentally the termination of parental rights elements:
1) the child's need for continuity of care and caretakers and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; 2) the physical, mental and emotional health of all individuals involved to the degree that such affects the welfare of the child, the decisive consideration being the physical, mental and emotional needs of the child; 3) the quality of the interaction and interrelationship of the child with his or her parent, siblings, relative, and/or caretakers, including the foster parent; (3A) the child was left by his or her parent, guardian, or custodian in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child was ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child; (4) to the extent feasible, the child's opinion of his or her own best interests in the matter; and (5) evidence that drug-related activity continues to exist in a child's home environment after intervention and services have been provided pursuant to section 106(a) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; § 4-1301.06(a)). Evidence of continued drug-activity shall be given great weight.
If you are either a parent facing termination of parental rights, or a prospective petitioner seeking to file an adoption petition for a child in US territory or outside the US territory, contact our experienced tenacious Family Law DC adoption lawyers for an immediate advise.
