Kansas City Adoption and Guardianship Lawyers

Home » Kansas City Family Law Attorneys » Kansas City Adoption and Guardianship Lawyers

Families come in all shapes and sizes, and at Joseph, Hollander & Craft, it is our honor to help clients grow their families. Our Kansas City adoption and guardianship lawyers offer legal counsel and services customized to your family’s unique needs. When you need guidance, we are here.

What Is the Adoption Process in Missouri?

The legal steps involved in adopting vary depending on the type of adoption, the age of the person being adopted, and the state where the adoption occurs. Our skilled Kansas City adoption attorneys are poised to help with your adoption proceeding.

Under Missouri law, the first legal step involved in adoption is filing a petition with the court. The court may then order adoptive parents to complete state-specific requirements for adoption, such as home assessments and background checks. Depending on the circumstances, the court may need to obtain consent from the person to be adopted and/or the birth parents. A hearing is required to determine whether adoption will serve the best interests of the child. And the adoption is finalized with a decree of adoption.

What Does a Kansas City Adoption Lawyer Do?

Our Kansas City adoption lawyers work to understand our clients’ objectives and help them understand all available legal paths. For example, many clients seeking to establish formal care for minor family members are unsure whether they should pursue adoption or guardianship. We talk them through the legal effects and requirements of each option so they feel empowered to decide what works best for their family. Then we ensure our clients satisfy all eligibility requirements, guide them through the legal process, and handle all the paperwork and courtroom advocacy so they can focus on their growing families.

What Types of Adoption Do You Handle?

At Joseph, Hollander & Craft, our family law attorneys in Kansas City regularly represent clients pursuing:

• Step-Parent Adoption. Kansas City step-parents hire our step-parent adoption attorneys to formalize their familial bonds, to facilitate financial benefits for their step-children, and much more. We counsel clients regarding the legal requirements, advise them regarding potential challenges, and pursue their cases in court.
• Kinship Adoption / Family Adoption. Our Kansas City adoption attorneys also handle adoptions by other family members, such as when a grandparent adopts a grandchild.

Among our Kansas City adoption clients are opposite-sex couples, LGBTQIA+ couples, and single individuals. We are dedicated to serving clients from all walks of life in Wyandotte County, Platte County, Jackson County, Clay County, and Cass County.

What Is Guardianship?

Guardianship is a means of formalizing permanent care for a child whose parents are not able to do so. This may be necessary when the child’s parents have passed, or if the child’s parents have had their parental rights terminated.

A guardian becomes legally responsible for the child – meaning the guardian must act in the child’s best interests and provide necessities such as food, clothing and shelter. In addition to these support and maintenance obligations, a guardian is also responsible for making medical treatment and education decisions.

Guardianship vs. Conservatorship

While a guardian is tasked with supporting personal well being, a conservator is tasked with managing a person’s property. A minor in need of a guardian may also be in need of a conservator if the minor has assets or income. This may be the case if deceased parents left the minor child with an inheritance or the minor child obtained a financial award from a civil law suit.

A minor child’s guardian and conservator can be the same person or different people. A conservator may also be an entity, such as a bank or trust company.

FAQs About Guardianship and Adoption

Are there eligibility requirements to become an adoptive parent?

In Missouri, you must be 21 years old to adopt. Assessments of the adoptive parents and the home are required, as is a criminal background check. You are required to complete pre-service training.

To adopt a child in Kansas, you must be at least 18 years old. You must complete an application, standard background check, a training course, and a home study process. You may adopt as a single adult or as a married couple.

What are the costs associated with adoption in Missouri?

In Missouri, there are minimal costs associated with kinship or family adoption, as the home assessment and required training is provided by the state at no charge to the adoptive parents.

Attorney fees will depend on the particularities of your situation. For a quote, contact Joseph, Hollander & Craft’s adoption lawyers today.

Will I need to complete a home study?

A home study is required to adopt or become a guardian to a minor in Missouri. The home study will involve a social worker visiting the residence where the child will live and gathering information, including employment information and financial information.

Can I keep the adoption records sealed, or will they be made public?

In Missouri, adoption records are maintained under seal and not available to the public. However, they can be requested by and made available to the adopted person and the adopted person’s descendants.

Do I need to be named in a will to become a guardian?

A judge is likely to honor a parent’s request to appoint the guardian named in the parent’s will, but there are many other circumstances where guardians are appointed. Of course, if a parent dies without a will, the child may still need a guardian. Guardianship may also be necessary when a child’s parents are still living but unable to provide necessary care. In these scenarios, any person who is willing to take responsibility for minor child and legally eligible to do so can petition for guardianship.

How hard is it to terminate guardianship in Missouri?

As with many legal questions, it depends on many factors, including who wants to terminate the guardianship; is it the guardian, the ward, the parent, or a third party who believes he or she would make a better guardian?

A guardian can resign with court approval, or a court can terminate a guardianship if the guardian is not fulfilling his or her obligations. A parent may terminate his or her child’s guardianship upon showing evidence the parent is “fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated.”

In Missouri, a minor may petition for emancipation at age 16 or 17, thereby terminating the need for guardianship.

Am I eligible for the adoption and guardianship subsidy?

Subsidy services may be available to assist:

• Individuals caring for children who, because of their special needs, might not otherwise be adopted; and
• Any grandparent, aunt, uncle, adult sibling of the child, adult first cousin of the child, or any other person, whose life is so intermingled with the child such that the relationship is similar to a family relationship; who has obtained legal guardianship for eligible children.

Eligibility considerations are complex, so they should be discussed on a case-by-case basis with your attorney.

Do You Have an Adoption Lawyer Near Me?

Joseph, Hollander & Craft serves the entire Kansas City Metro area. Our office is located on the corner of 10th and Cherry St., not far from the Jackson County Courthouse. For your convenience, we maintain additional offices in Overland Park, Lawrence, Topeka, and Wichita.