ADOPTIVE PARENTS
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat.
FREQUENTLY ASKED QUESTIONS
In general, you should expect technical competence, practical forethought and personal service. The exact services you will receive depend on your specific situation. In every case, we will always explain the process to you in detail – so that you understand, and we will make ourselves available for any questions or concerns you have along the way. We will also prepare you for different issues that may arise along the way. We will handle all the paperwork necessary to finalize your adoption, including terminating the birth parents’ rights.
This is a difficult question to answer because every adoption is so different. There are certain expenses that are usually associated with private adoptions, but the amounts vary, these expenses include: our attorney fees, court costs, court filing fees, pre-surrender or birth parent counselor expenses, your home study and post placement report fees and birth parent attorney expenses. Other adoption fees may include legally allowed birth mother living expenses, medical expenses, adoptive family travel and lodging, and third party consultation fees.
The range is wide – anywhere from $10,000 to $60,000, legal complexity, whether the father cooperates, human complications and drama can also increase the adoption’s total cost. Adoptive Parents Magazine usually publishes an annual report about this research. The 2016 report can be found here.
After we meet and discuss your circumstances, we will put together a proposal for fees and a payment plan. Depending on your circumstances, the proposal may be an hourly estimate for each stage of the adoption, a “fixed” fee plus cost, or a combination. You will get to see the proposal and have input finalizing the proposal. Most often, you are required to pay a deposit before we begin work. Invoices may be sent to you monthly or at intervals that meet your budget.
This is such an important issue to us. Sadly, being taken advantage of is a real risk. Our team will help protect you and itself from a parent’s fraudulent behavior by:
- Conducting on-going “risk assessments”, beginning with a birth parent(s) initial interview, research of their online clerk of court records and social media pages;
- Being vigilant and being able and willing to corroborate information we receive, including proof of pregnancy;
- Sensing risky signs (“red flags”), calling a meeting and bringing it to your immediate attention, then making a decision about what to do;
- Not creating or indulging in a birth parent’s unreasonable expectations– being compassionate but realistic.
- Following the law, which assigns management of any financial donations to a mother to the attorney and adhering to the letter and spirit of the law.
- Being able to consult peers and other professionals for good advice in tough situations;
- Being willing to say no to a parent if a request or a pattern of behavior is not legal or reasonable.
It’s a written report drafted by a licensed professional (most often an LCSW). They will collect a lot of background information about the adoptive family through interviews, requests for criminal histories, abuse & neglect histories, and references. The professional will also include his or her own personal evaluation and instincts. The standard is whether this potential home will be a safe and healthy one for the child, not whether the family is perfect in every way. The report is not meant to arbitrarily disqualify people who want to adopt.
They usually cost about $1,500.00. They are not required for intrafamily adoptions.
You will need to make an appointment with someone knows the process and how to draft the report. We will be happy to supply you with referrals from trusted colleagues from all over the country and right here in Louisiana.
We define “open adoption” like this– anything that is not closed! Seriously, a closed adoption is where the parents and adoptive parents agree not to have any future contact and do not know much about one another. An open adoption is everything else! It could mean limited contact, like periodic cards, pictures, letters, etc. to a lot of contact throughout the year at school functions, holidays, birthday parties. What is acceptable depends on the people involved and what each wants and is comfortable with. On Point Legal will work with you and the birth parents to determine what is best for everyone.
Financial and emotional. Adoption comes with great responsibility and risk, but it can also be a great reward. If the birth mother changes her mind and decides not to place the baby with you, you may not receive reimbursement of the funds donated to the birth mother. The emotional risk is also that the birth mother may change her mind. Adoptive families often form a bond with birth mothers and enjoy the idea of future contact.
The amount of time you have to wait before being matched can vary. It can take about three to six months to have complete home study. But once you are matched, and the child is born – you have to wait at least one year from the date the child is placed with you before we can file with the court asking to finalize the adoption. This is due to a legally required waiting period that is part of the vetting process to help ensure the placement is healthy. When a child is closely related to the adoptive parent (or an intrafamily adoption), the waiting period is at least six months. When the child is not related to the adoptive parents (or a private adoption), the period is twelve months. We are part of a group of legal professionals who are reexamining whether the period lengths are still appropriate but for now, this is the law.
The birth mother gets 1st Dibs. As the then-legal parent, she has the right to choose her child’s first and middle name. She may also defer to the adoptive parents and allow them to choose the child’s first and middle name or the parents can mutually agree on a name. The child’s last name is required to be mother’s maiden name, if she is not married, or the name of the father, if she is married or agrees to have the father claim his paternity and add his name to the birth certificate.
The child’s legal name will be the name that is on the child’s birth certificate. The child’s legal name will be changed in some way after the adoption is granted and an amended birth certificate is issued. If the adoptive family chose the child’s name at birth, only the last name will change on the amended birth certificate. If the birth mother named the child at birth, the adoptive family may change the his or her full name when the adoption is granted.
Unfortunately, adoption plans do fail from time to time. The birth mother can change her mind before or the after birth of the child. After birth, the mother has to wait five days before she can sign her surrender. The surrender will be irrevocable after she signs it.
From our experience adoption plans fail because the father or a family member promises to help her rear and support the child; the mother believes that the child will help her stay connected to or in a relationship the child’s father; or often, mothers fear they will be forgotten or that they will regret their decision.
Todd’s unscientific statistics are that on average, 20% of mothers decide to parent.
Generally, no, though we understand the hurt emotions for those who may feel like they want to. Only in very egregious circumstances, like cases of fraud, may legal action be considered. OPL has been faced with these decisions before and has taken legal action in two incidents. We try to avoid these kinds of situations at all cost.
We will prepare a letter for you explaining that an adoption plan has been made and the birth mother signed a surrender transferring custody to their insured (You). You will give the letter to your insurance company. Occasionally, the insurance company will require a copy of a court order, if that is the case, the Court will sign an Order approving the surrender – thereby legally recognizing the transfer of custody. It will take a few weeks to get this Order back from the Court, but we can submit that to the insurance company as well.
The birth mother may apply for the child’s SSN at the hospital. If she does apply for it, the card will be mailed to the address she discloses on the application. However, she is not compelled to do it and occasionally, she does not. If the birth mother does not apply for it, the adoptive parents will be able to apply for a new SSN for the child after the adoption is granted. In the meantime, they could apply for and receive a temporary number for the child from the IRS for taxes just while the adoption is pending.
Our team will prepare paperwork necessary for the adoptive parents to bring the child back to their home state, this will be referred to as ICPC paperwork. Once both states approve the placement, the adoptive parents can bring the child to their home state. Many of the adoptive families choose to finalize the adoption in Louisiana, but it is not required. The birth certificate must be revised or amended by the state in which the child was born but the application for the SSN will not be affected.
The answer really depends on which court and which judge is overseeing the case. The judge’s style and protocols vary so much. However, it will include a presentation of some kind with a question and answer period. OPL has successfully appeared in more than thirty district courts over the last twenty-two years and can set reasonable expectations for the client.
Adoptive families can offset the expense of adoption by claiming the Adoption Tax Credit. Currently, the maximum adoption credit and exclusion is $13,570 per child. The amount changes each year to adjust for inflation. The credit is available for families that fall below a certain income amount.
When a child is adopted by a stepparent, grandparent or other relative it is considered an Intrafamily Adoption; it is sometimes referred to as grandparent adoption, stepparent adoption or kinship adoption. These adoptions are different from Private Adoptions because there is only a six month waiting period before finalizing and the adoptive family is not required to have a home study.
Yes, but the child’s other parent’s rights must be terminated first. After the adoption is finalized, the other parent no longer has any rights or responsibilities for the child, including child support.
Yes, but the child’s biological parents’ rights must be terminated first. Termination is often the most difficult part of the process. After the adoption is finalized, the biological parents no longer have any rights or responsibilities for the child, including child support.
In Louisiana, a child must be in the home with the family member wishing to adopt the child for at least six months before we can file to finalize the adoption.
The cost for this kind of adoption depends on the level of cooperation from the biological parents. If the parents refuse to sign a consent to the adoption, there will likely be a termination hearing which requires customary trial preparation, such as gathering evidence and locating witnesses.
ADDITIONAL RESOURCES
- Link One
- Link Two
- Link Three
BIRTH PARENTS
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat
BIRTH MOTHERS
FREQUENTLY ASKED QUESTIONS
ADDITIONAL RESOURCES
- Link One
- Link Two
- Link Three
BIRTH FATHERS
FREQUENTLY ASKED QUESTIONS
ADDITIONAL RESOURCES
- Link One
- Link Two
- Link Three
FAMILY LAW
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat
FREQUENTLY ASKED QUESTIONS
A divorce is uncontested when the opposing party does not file a response with objections to the divorce filing. They typically take less time and cost clients less money overall.
Divorce, unlike marriage, does not require the parties to agree. If one spouse wishes to end the marriage, and can show that the requirements have been met, then provided that the pleadings are properly filed and the right facts are asserts, the court is able to grant the divorce as requested.
Louisiana grants judgments of divorce based on having lived separately for the required amount of time, depending on whether the parties have children together. There are no other grounds requirements for obtaining a divorce. Other grounds for ending the relationship are usually more useful in terms of custody proceedings that follow.
It is the duty of the parents, both mother and father, to support their child. The state legislature has provided a scale for monthly child support payments based on the details of the family. We look at the income of both parties, how many children are in the family, and whether any of the children have special needs or extraordinary expenses to be considered.
People often forget that child support may also include the costs of health insurance coverage for their child, uncovered medical expenses and even extracurricular activities. If child support is an issue that has arisen in your family, speak with an attorney about how to move forward so you can be sure you aren’t leaving anything out.
Yes, either party can motion the court for a modification of child support, but it must typically be based on a change in the circumstances surrounding the support order. These changes may include a significant difference in income, a change in the needs of the child, or a change in custody of the child.
The time period required for a divorce depends upon whether you and your spouse already live separately and whether you have children together as a result of your marriage. The law requires that parties to a divorce who do not have any children born of their marriage live separately for six months, and that parties who do have children together wait one year before a judgment of divorce will be granted. The divorce petition may be filed when you begin living separately or when you have already lived apart and the required time period has already passed.
Fees for divorce can vary based on the circumstances. Most often, divorces for parties who do not have children or property together take less time and are less expensive. Cases involving custody, child support, and community property all tend to have higher costs because there are more decisions to be made and details to work through. Call our office at 225.500.0880 for more information on the details of your case.
Louisiana does not have legal separation. Parties are either legally married or legally divorced. Parties are required to live separate and apart for a designated period of time in order to be divorced, but the court does not have a legal finding of separation for that period.
A suit for divorce is abandoned when the parties reconcile or get back together for the purpose of staying in their relationship. Should they decide to split permanently, a new suit for divorce may have to be filed.
ADDITIONAL RESOURCES
- Link One
- Link Two
- Link Three
PROBATE
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat
FREQUENTLY ASKED QUESTIONS
In Louisiana, a succession is the process of settling a deceased person’s estate. This usually includes paying the debts of the deceased and then distributing his or her property to the heirs. This process is also referred to as “probate” in other states.
In Louisiana, successions are either testate or intestate. If someone dies with a will their succession will be testate and the will determines how the property is divided. If someone dies without a will, then the succession is intestate and Louisiana law will control which family members will inherit property and in what portion.
Usufruct refers to the right granted to someone to enjoy the use of another’s property, but without destruction or depletion of the property. You can also refer to the person that has such rights as the usufruct. The naked owner is the person that actually owns the property subject of the usufruct.
Generally, separate property includes property that is acquired by each spouse before they are married. It also includes property a spouse may receive during the marriage as inheritance or property designated as a gift given to one spouse; it may also include items purchased with separate funds -with proof the funds are in fact separate. Community property refers to the things acquired by a couple during their marriage.
Collect and preserve the deceased’s important documents. This includes, determining if there is a will and locating the original. As soon as possible, order multiple copies of his or her death certificate. Collect all current bills, mortgages and any other documents reflecting debts the deceased may have in his or her name. You will also want to collect any documents that serve as proof of property ownership, for example, vehicle title, act of sale, act of donation or act of transfer. Contact the deceased’s banking institutions and advise them of his or her death and document the bank account information including the current balance, names on the account and the account number, if possible.
Next, schedule an appointment with an attorney and bring the above documents to the meeting.
No. Property that has a designated beneficiary does not go through succession. This includes, annuities, life insurance proceeds, IRAs and 401(k)s.
When a person dies without a will or their will is determined to be invalid, his or her estate passes to the heirs or certain family members by intestate succession. Each state has its own intestate laws, in Louisiana, the following apply:
If you have children, but no spouse, your children will inherit everything in equal portions.
If you have children, siblings and/or parents, but no spouse, your children will inherit everything in equal portions.
If you have a spouse, but no parents, siblings or children, your spouse will inherit everything.
If you have parents, but no spouse, children or siblings, your parents will inherit everything.
If you have siblings, but no spouse, children or parents, your siblings will inherit everything in equal portions.
If you have a spouse and children, your spouse will get usufruct over or the right to use your share of the community property while he or she is alive. Your children will inherit your separate property and your share of community property, subject to your surviving spouse’s right to use it for life.
If you have a spouse and parents, but no children or siblings, your spouse will inherit your community property and your parents will inherit your separate property.
If you have a spouse and siblings, but no children or parents, your spouse will inherit your community property and your siblings will inherit your separate property – divided in equal portions.
If you have siblings and parents, but spouse or children, your siblings will inherit everything but your parents get usufruct over or the right to use your property while they are alive.
ADDITIONAL RESOURCES
- Link One
- Link Two
- Link Three
ESTATE PLANNING
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat
FREQUENTLY ASKED QUESTIONS
The word “Estate” refers to a person’s belongings – his or her businesses, money, land, homes, cars – all of their possessions. Estate planning is just making arrangements for loved ones after you die and determining how your estate will be distributed. Our estate planning services include a Last Will and Testament or a will; a Medical Power of Attorney; a Financial Power of Attorney and a Right to Die Declaration.
A will or “last will and testament” is a legal document that describes a person’s wishes about what should happen to their property after he or she dies. It can also appoint a guardian for your children or pets.
An olographic will must be written, dated, and signed in the handwriting of the person making the will, also known as the testator. The date may appear anywhere in the will, the testator must sign the testament at the end of the testament.
A notarial will must be in writing and signed before a notary and two competent witnesses. The person making the will, also known as the testator, has to declare that the will is his or her last testament and then sign his or her name at the end of the testament and on every page of the will. Louisiana law also requires a particular phrase to be included at the end of the will indicating the witnesses and notary watched the testator sign his name to the will. This is the type of will OPL will create for you.
If you care about what happens to your belongings after you die, then yes, you need a will. It does not matter how little or how much you have.
A financial power of attorney grants a trusted person (will be known as the agent) the authority to act on your behalf in all financial matters in the event you become unable to act. The agent can legally manage your finances and property, including conducting financial transactions on your behalf. A Financial Power of Attorney can specifically limit an agent’s authority. The appointed agent is legally required to act in a manner that is consistent with your wishes.
A medical power of attorney grants a trusted person the authority to act on your behalf in all medical matters in the event you become unable to act.
It is signed statement advising your loved ones of your wishes in the event you find yourself in a terminal or permanently unconscious state. It gives you the opportunity to state that you do not want life-sustaining procedures to prolong your death and that you would like to die naturally with only the medical care necessary to provide comfort.
ADDITIONAL RESOURCES
- Link One
- Link Two
- Link Three
BUSINESS SERVICES
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat.Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat
FREQUENTLY ASKED QUESTIONS
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat.
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat.
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.
ADDITIONAL RESOURCES
- Link One
- Link Two
- Link Three
GET IN TOUCH WITH ON POINT LEGAL
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.