How Does Custody Take Place?
By: LawInfo
The adoptive family does not assume physical custody of the child until a court of law issues an order transferring probationary custody to the adoptive parent(s). The Court issues a custody order only after it finds that the statutorily required assessment, or home study, and reports on the child are satisfactory, and that there is compliance with all applicable laws. Some courts require both birth parents to appear at this hearing to testify that their consent to adoption was freely, knowingly, and voluntarily given. In California, a child must be in probationary custody of the adoptive parent(s) for at least six months before the adoption can become finalized.
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Additional Adoption FAQs
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Q:
What Is Adoption?
A: Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family. Once a final order of adoption has been … More -
Q:
Are There Different Types Of Adoption?
A: Adoptions takes place in various forms, and are generally classified as independent, agency, step parent, relative placement, and adult adoption. Independent … More -
Q:
Who May Adopt?
A: Any adult living in California may file a petition to adopt a child who is at least ten years younger than the petitioner. Married couples are most likely to … More -
Q:
What Is The Process Of Adoption? How Is It Started?
A: All prospective persons wishing to adopt must first participate in a full investigation, which includes an assessment completed by a juvenile court officer, or a … More -
Q:
What Happens During The Adoption Probationary Period?
A: After the child has been placed with the adoptive family for probationary custody, the social worker or court representative continues their investigation by … More -
Q:
Do Prospective Adopters Need An Attorney?
A: As adoption is a legal action, and the results are a lifelong commitment, prospective adopters are encouraged, and often court ordered, to work closely with an … More
Adoption Sub-categories
| Hague Adoption |
