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When natural parents cannot care for their children, other parties may step in. Joseph, Hollander & Craft’s guardianship and adoption attorneys in Wichita advise clients whether guardianship or adoption may work best for their situation and represent clients in both contested and uncontested guardianships and adoptions.

Guardianships for Minors

The guardianship process gives the legal rights and responsibilities of caring for a minor child to a party who is not the child’s natural and legal parent. If you have a child in your care, but you are not the child’s natural parent, you may benefit from filing formal guardianship proceedings. Obtaining guardianship will allow you to make medical, educational, and other legal decisions for the minor child.

JHC’s Wichita guardianship attorneys will walk you through the legal process of obtaining temporary or permanent guardianship. If the child’s parents are in agreement with the guardianship, our attorneys will facilitate the signing of consents and filing of the legal documentation. If the parents do not agree and they or other family members intend to contest the guardianship, our attorneys are ready to fight for you and the best interest of the minor child. JHC’s Wichita guardianship lawyers also assist parties seeking guardianship to avoid DCF proceedings or in instances of deceased biological parents.

Guardianship of Impaired Adults

Adults with an impairment may need a guardian to help make decisions, manage finances, and provide for their care. An adult may be impaired due to a mental handicap or a medical condition that impairs decision-making capacity. JHC’s Wichita guardianship attorneys are always ready to advocate fiercely for you to protect your loved ones from neglect or abuse.

We know the legal process that can be confusing and overwhelming, but are well versed in guardianship proceedings. We will guide you through your case with skill and care. Our Wichita guardianship lawyers can even negotiate and draft agreements to keep family members on the same page regarding care for their loved ones.

Wichita Adoption Attorneys

Adoption comes about in various ways. JHC’s Wichita adoption attorneys represent foster parents seeking to adopt a child placed with them, family members seeking to adopt younger family members, stepparents seeking to adopt their stepchildren, and other methods of adoption. JHC’s Wichita adoption lawyers also represent biological parents opposing unlawful adoptions and adoptions that are not appropriate under the circumstances.

Most adoptions begin with filing a petition for adoption. The court will then require background checks and home studies for the potential adoptive parents. Biological parents will receive notice and may need representation. This process can be complex, but JHC’s Wichita adoption lawyers are familiar with the system and will guide you through the legal process with ease.

Adoption for All Kinds of Families

Our Wichita adoption attorneys provide advice and assistance to anyone looking to adopt who qualifies under the law. This includes single people, family members, foster families, and LGBTQ couples. We support all families seeking to experience the joy of adoption.

Contact us today to assist you with your Wichita guardianship or adoption matter.

Top Questions About Adoption in Wichita

What is adoption?

Adoption is the process of changing a child’s parents. This may be after a child’s parents have passed away, after a parent has been determined to be unfit, after a child is born and the parents place the child for adoption, or in a variety of other circumstances. A child can only have up to two legal parents at a time. Any adult or married couple may adopt any minor child.

Can my new spouse adopt my children from a previous relationship?

New spouses may adopt children from a previous relationship in a stepparent adoption. In a stepparent adoption, both biological parents must consent to the adoption unless the other biological parent’s legal rights have been terminated or are to be terminated in the stepparent adoption proceeding.

The court may terminate the biological parent’s legal rights in the adoption proceeding if the judge finds that any of the following are true:

1. The parent abandoned or neglected the child after having knowledge of the child’s birth;
2. The parent is unfit or incapable of giving consent;
3. The parent has made no reasonable efforts to support or communicate with the child after having knowledge of the child’s birth;
4. The father failed to support the mother during pregnancy;
5. The birth of the child was the result of the rape of the mother; or
6. The parent has failed or refused to assume the duties of a parent for two consecutive years immediately preceding the filing of the petition.

Do children have to consent to their own adoption?

A child over the age of 14 will need to consent to his or her own adoption. Children under the age of 14 do not have to consent.

What is a home study?

A home study is an opportunity for someone to come to the home where the parties adopting or fostering live and do an assessment to ensure the home is safe. During this process, the assessor may observe the child in the home (if placement has already occurred), verify financial information, perform various background checks, and contact the persons consenting to the adoption to verify any genetic or medical history for the child. This assessor will make a report covering this information.

What is guardianship?

A guardian is an individual appointed by a court to act on behalf of someone else, known as a ward, who has the following powers and duties:

• Provide for the care, treatment, habilitation, education, support, and maintenance of the ward;
• Consent for the ward;
• Assure the ward resides in the least restrictive setting available and appropriate;
• Make sure the ward receives appropriate medical care; and
• Promote and protect the comfort, safety, health, and welfare of the ward.

Are guardianships permanent?

Guardianships may be temporary or permanent. For example, one may voluntarily appoint someone else as a guardian for his or her children for a specified period. Alternatively, someone may become a more permanent guardian if the guardianship is for a child without any living parents or for an adult that is in need of a guardian. However, no guardianship is guaranteed to be permanent.