How to Adopt an Adult in California- Los Angeles

How to Adopt an Adult in California

You can adopt an adult in California and establish a legal parent-child relationship if the following requirements are met:

  1. The adopting parent must be at least ten years older than the person they are adopting.
  2. If the adopting parent is married, they must obtain the consent of their spouse.
  3. If the person being adopted is married, they must obtain the consent of their spouse.
  4. Parties must be legal U.S. residents.

If these requirements are met, you can file for an adult adoption in California.

The first step is to file an adoption petition and other documents in the county where either the adopting parent or the person being adopted resides.  Because both parties in an adult adoption are adults, there is no mandated investigation.  Once the petition and accompanying documents have been filed, the court will set an adoption hearing.  At the adoption hearing, both the adopting parent and the person being adopted must be present.  If either party is married, the spouse must also attend so they can inform the judge that he/she gives their consent for the adoption.  At the adoption hearing, the judge may ask some questions about whether each party knows and understands that they are legally going to be parent and child.  The judge will then grant the adult adoption and declare the parties legally family.  If the adopted person would like a new birth certificate, one can be requested which will reflect the adopting parent listed on the birth certificate.

The following pleadings must be submitted to the court for an adult adoption in California:

  1. Family Law Case Cover Sheet
  2. Adult Adoption Petition
  3. Adult Adoption Agreement
  4. Spousal Consent
  5. Decree of Adult Adoption
  6. Request for Adult Adoption Hearing

In California, an adult adoption is a legal procedure in which an older adult adopts a younger adult. Upon the adoption becoming finalized, the parties will have a legal parent-child relationship. There are several reasons older adults seek to adopt younger adults. Some people choose to do it to help deal with complicated estate planning issues. Other people do it to solidify a parent child relationship in a stepparent situation. Whatever your reason may be to adopt an adult, contact us for help in preparing all the necessary legal documentation. Read on to learn more about how to adopt an adult in California.

There are no standard forms for an adult adoption.  For an adult adoption in Los Angeles County, you have to draft the adult adoption pleadings from scratch on pleading paper.  Because there are no forms, you need to be sure to include all necessary and relevant information in the adult adoption pleadings so that the court is able to process and grant your adult adoption.

If you would like assistance with an adult adoption in Los Angeles county, contact Mioni Family Law to assist you at (424) 259-1770.

The Biggest Mistake After Being Awarded Spousal Support

So you’re divorced, or you have filed for divorce.  You are receiving spousal support and think it’s about time you moved on with your life.  On your quest to move on with your life you decide that you are moving in with the person you are currently dating.  Sounds like a great plan because you can save money by sharing rent and expense, right? Not so much.

While this may sound like a good idea, you should be aware that this could have a huge (very huge) impact on the spousal support you are receiving.  Family Code Section 4323 states, “Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex.  Upon a determination that circumstances have changed, the court may modify or terminate the spousal support.”

What this means for you is that moving in with the person you are dating is likely going to be the end of your spousal support payments.  Note that while the code says “opposite sex” that is no longer the requirement and this applies to same sex couples as well.  The Court and public policy feel that if you are sharing expenses with the person you are dating, then your expenses are reduced and someone is helping to support you.  Your ex-spouse shouldn’t have to keep paying you support when you now live with someone else who is also helping to support you.  So if you’re receiving spousal support, you may want to reconsider moving in with your new boyfriend/girlfriend.

In the alternative, if you are paying your ex-spouse spousal support and he/she has just moved in with the person they are dating, I would highly recommend talking to an attorney to see if you are able to terminate or modify the spousal support you are paying him/her.

Additionally, if you get a roommate that you are not dating and you receive spousal support, you may leave yourself open to accusations that you no longer need support.  While there is a rebuttable presumption of a decreased need for support, you are stuck with the burden of proving that you aren’t in a romantic relationship with your roommate and that the relationship is platonic.

 

If you need help modifying your spousal support, please feel free to call us.

 

Stepparent Adoption in Los Angeles County

Adoption establishes a legal parent-child relationship when the adoption parent is not the child’s biological mother or father.  Once an adoption takes place, the adopting mother and/or father have all the legal rights and responsibilities of a parent-child relationship as natural birth parents would have.

An adoptive parent can be a stepparent or domestic partner of either the biological mother or father, a relative of the child who has been caring for the child, or even someone no related to the child.

A stepparent or domestic partner adoption requires the following:

  1. The spouse or domestic partner of the child’s parent wants to adopt the child; and
  2. The couple is legally married or are registered domestic partners.

Ask yourself these questions first:

  1. Was I, as the parent that is trying to adopt, in a marriage or domestic partnership with the biological parent at the time the child was born?
  2. Am I still married to the biological parent of the child I want to adopt?

If your answer to the two questions above is “yes”, the kind of adoption case you have is a stepparent adoption to confirm parentage.  This is the simplest type of adoption as it does not require a social worker to do an investigation or report and you will not need to go to court for an adoption hearing.

If you are doing a stepparent adoption to confirm parentage, you need to complete the following:

  1. Adoption Request
  2. Adoption Agreement
  3. Adoption Order
  4. Declaration Confirming Parentage in Stepparent Adoption

Have your forms completed (or at least reviewed) by an attorney.  This ensured that the forms were filled out property and will not be rejected or cause problems down the line.  Once reviewed, file your forms with the court clerk along with the filing fee.

If you would like assistance in filing for a stepparent adoption, please do not hesitate to contact me:

Lovette T. Mioni, Esq.
Mioni Family Law
4640 Admiralty Way, Ste. 500
Marina del Rey, CA 90292
Phone:  (424) 259-1770

Can an Adult be Adopted in California?

 

Can an Adult be Adopted in California?

 California Family Code Section 9300 et seq. states that “an adult may be adopted by another adult, including a stepparent.”  Even a married minor may be adopted in the same manner as an adult under this Family Code Section.

Los Angeles adult adoptions can be filed and heard at the Children’s Court House located at 201 Centre Plaza Drive, Montery Park, CA 91754-2158.  They can also be filed and heard in the district court where the petitioner resides.

In order to commence the adult adoption process, a verified petition shall be filed, along with the consent of spouse of adoptee, consent of spouse of adopting party, decree of adoption, and agreement of adoption.  At the Children’s Court, these pleadings are to be filed in Room 2100.  In other districts, the pleadings can be filed as directed by the Supervising Judge.

A married person who is not lawfully separated from the person’s spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent.

A married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.  The consent of the parents of the proposed adoptee, of the department, or any other person is not required.

A person may not adopt more than one unrelated adult under this part within one year of the person’s adoption of an unrelated adult, unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped.

A person may not adopt an unrelated adult within one year of an adoption of another person by the prospective adoptive parent’s spouse, unless the proposed adoptee is a biological sibling of a person previously adopted.

After adoption, the adoptee and the adoptive parent or parents shall have the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.

The birth parents of a person adopted, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted person, and have no right over the adopted person.  Where an adult is adopted by the spouse of a birth parent, the parental rights and responsibilities of that birth parent are not affected by the adoption.

Upon the filing of the petition for adult or married minor adoptions, the clerk will set the matter for a hearing where the judge will grant the adult adoption.

 

If you would like assistance with filing for an adult adoption in California, or an adult adoption in Los Angeles County, please do not hesitate to call Lovette Mioni at Mioni Family Law at (424) 259-1770.     

 

 

 

Adult Adoption Lawyer Lovette T. Mioni

Adult Adoption Lawyer Lovette T. Mioni

With my assistance, an adult adoption in Los Angeles County does not have to be a difficult or lengthy process.

How it works:  After setting up an initial in person or over the phone meeting, I gather the information necessary to complete the pleadings to file for adult adoption on behalf of both the adopting parent and the person being adopted.

Once I’ve gathered the information I need to complete the pleadings, I draft the pleadings and submit them to the court for a hearing date.  You are able to let me know your preferred dates for the hearing, and the court will try to accommodate your requested dates.  We are mailed the hearing date within 4 to 6 weeks.  The hearing date is usually scheduled 2 to 3 months after we submit all of your pleadings.

There is no investigation that needs to take place, and the consent of the biological parents is not necessary or required.

The adopting parent and the person being adopted need to attend the scheduled hearing date.  If either the adopting parent has a spouse or the person being adopted has a spouse, your spouses also need to attend the hearing and provide written consent for the adoption to take place.

Once the hearing is complete, so is your adoption!  If you wish to be issued a new birth certificate with the adopting parent(s) listed as parents on the birth certificate, the court will accommodate that request and will issue a new birth certificate for the party being adopted.

With my assistance, it is really a simple and happy process.  Feel free to give me a call at (424) 259-1770 and I’d be happy to talk about the process with you in more detail.