Adult Adoption- Los Angeles

Adult Adoption- Los Angeles

What is Adult Adoption?
Adult Adoption is the legal process of an older adult adopting a younger adult. Once this process is complete, the parties will have a legal child-parent relationship with all the rights and responsibilities as a biological parent and child, including rights of inheritance.

What about the biological parents?
An adult adoption severs the currently existing child-parent relationship with the adoptee’s parents. This is not the case in step parent adoptions though. When a stepparent adopts a stepchild that is an adult, the adoptor’s spouse (the biological parent) remains the adoptee’s child.

Where can I learn about the procedure for adopting an adult?
You can learn about the procedure for adopting an adult in Los Angeles County in the California Family Code sections 9300 through 9340. If you are considering an adult adoption, you should read these code sections. You can find the relevant code sections here. You can also read my other blogs on adult adoptions in Los Angeles County here.

What do I need to do to be adopted or adopt an adult?
There are no forms for an adult adoption, and instead you have to draft your pleadings. The required legal documents you need for an adult adoption are:
1. Petition for Approval of Adult Adoption
2. Adoption Agreement
3. Spousal Consents
4. Order of Adoption
5. Request for Adoption Hearing

Once you have drafted the pleadings listed above, you file the pleadings at the courthouse. Which courthouse you file the documents depends on where the parties reside. After the court has received and reviewed your documents, you will be assigned a hearing date for the adoption. Both parties must attend the hearing date. The court will ask you why you desire to be adopted/adopt an adult.

Will I get a new birth certificate?
If you wish to have the information on your birth certificate changed to reflect your new parent(s), you may do so once the adoption is complete. Fill out the VS-44 form and submit it with your pleadings or bring it to the hearing. It may take several months to be issued your new birth certificate, it will not happen at the hearing.

If you need assistance in the adoption of an adult in Los Angeles County, do not hesitate to contact Lovette T. Mioni at Mioni Family Law to assist you. Call to set up a consultation today to get started (424) 259-1770.

Mioni Family Law assists clients in Playa Vista, Marina del Rey, Playa del Rey, Torrance, Culver City, Santa Monica and the greater Los Angeles area.

Adult Adoptions- Making your Parent and Child Relationship Legal

Have you been raised by someone who is not your biological parent but you still consider them to be your Father or Mother?  Looking to make that relationship legal?  Are you an adult that wants to be adopted?  Or are you a parent that wants to adopt an adult?  I can help.

An adult adoption may occur once the “child” in this relationship reaches the age of eighteen (18) years old.  Because the “child” or rather the person being adopted is a legal adult, you do not need to obtain the consent of the biological parent(s).  You only need the consent of the party being adopted and the consent of the adopting party.

Why adopt an adult?

There are a number of reasons that someone wants to adopt an adult or an adult wants to be adopted.  The most common reason is that a step child has developed a relationship with their step parent and consider them to be their Father or Mother.  A former foster child who has grown close to his or her foster family and is not at the age where he or she may be adopted as an adult is also a reason for an adult adoption.  Adult adoption is also a way to create legal rights of inheritance between the parties.

What is the process?

In California, the party being adopted must be ten (10) years younger than the party that will be adopting the other party.

You then need to file the following with the court: (1) Adoption Petition; (2) Adoption Agreement; (3) Spousal Consents for the party being adopted and for the adopting party; (4) Adoption Order.  You then need to request a hearing date with the Court.  On the day of the hearing, the court will ask both parties questions based on the Adoption Petition and the Adoption Agreement.  The Court will then grant your request for adoption and a new birth certificate will be issues if wish to have a new birth certificate issued.

If you need assistance filing for an adult adoption in Los Angeles, feel free to contact Lovette T. Mioni at Mioni Family Law to assist you.  Set up a consultation today to get started (424) 259-1770.

Mioni Family Law assists clients with their adult adoptions in Playa Vista, Marina del Rey, Playa del Rey, Torrance, Culver City, Santa Monica, Venice, and the greater Los Angeles area.

Can I Modify Child Support?

Have you suffered a decrease in income?  Do you have more physical custody of your child than the court order states?  Has the other parent received a raise or now has additional income that is a greater amount than what the original child support order was based on?  If you answered any of these questions with a “yes” then you can ask for a modification of child support.

In order to ask for a modification of child support something needs to have changed from the time the order was made. If the income of either party has increased or decreased, then child support can be modified.  If either party has actual physical custody of the child more or less than the order states, then child support can be modified.

If you lost your job or suffered a decrease in pay:

If you are parent that pays child support, then you can ask for a reduction of child support based on your income decreasing.  If you lost your job, then the court will likely base child support on your unemployment income until you find a new job.  When you find a new job, the court will base child support off of your new income.  If you suffered a decrease in pay, the court should use your new reduced income to calculate child support.  Keep in mind that if you intentionally quit your job or did something to intentionally reduce your pay to avoid paying child support the court can impute your previous wage to you.  The courts do not like parties that intentionally try to reduce their earnings to avoid child support obligations.

If you are the parent that receives child support, then you can ask for an increase in child support based on your reduced income.  The same rule applies here though, if you intentionally reduced your earnings to increase the payment of child support, the court can impute your previous wage to you.

If one party got a raise or an increase in pay:

If you are the paying parent and you received a raise or an increase in pay, your child support payment will likely increase.

If you are the parent receiving child support and the other party has an increase in income, you can ask the court to increase your child support.

If the physical timeshare of the child is different from the court order:

If you are the parent that pays child support and you have physical custody of the child in an amount greater than the court order, you can ask for a reduction in child support.  Child support is based in large part on the amount of physical custody you have.  If you are the paying parent, the more custody you have the less your child support obligation will be.

If you are the parent that receives child support and you have physical custody of the child in an amount greater than the court order, you can ask for an increase in child support.  As the parent that receives support, the more physical custody you have of the child the greater your child support payment will be.

If there has been a change in either party’s income or in the physical custody of the child, you should file a Request for Order to modify child support.  The change in child support is not automatic.  For instance, if you lose your job, child support will not automatically decrease.  You will need to file a Request for Order with the court to modify support.  If you know there will be a change of circumstance in your income, you should consult an attorney to assist you in modifying child support.  You don’t want to get stuck with an order that you can no longer afford due to a loss of employment or pay cut.

If you need assistance with modifying child support contact Lovette T. Mioni at Mioni Family Law to set up a consultation at (424) 259-1770.  Mioni Family Law assists clients in Playa Vista, Marina del Rey, Playa del Rey, Torrance, Culver City, and throughout the Los Angeles Area.

How to Adopt an Adult in Los Angeles County

Can I adopt an adult?  Yes, you sure can!

An adult adoption is when an adoptive parent adopts a person who is over the age of 18 and not related to them.  You cannot adopt an adult unless you are at least 10 years older than the adult you plan to adopt.

In order to adopt an adult, you need to file the following:

  1. Adoption Petition
  2. Adoption Agreement
  3. Consents of Spouses (both for adoptive parent and adult being adopted)
  4. Adoption Order

There are not judicial counsel forms for an adult adoption for adult adoptions in Los Angeles County.  You should consult with a family law attorney to assist you with drafting these pleadings (or at least review your pleadings before filing them with the court) to ensure they are correct.

The Adult Adoption Petition:

The Adult Adoption Petition asks the court to make an order approving the adult adoption.  It must contain the following:

  1. Name, age, birthday, and place of birth of the parties;
  2. How long the parties have known each other;
  3. Why the parties want the adoption to take place;
  4. If either party is marred, the name of the spouse (if any), the date of the marriage, and the names and ages of their children (if any);
  5. Spouses must sign consents to the adoption. Their names and the dates they signed the consents should be listed and included with the Petition.
  6. The date the Adoption Agreement was signed (and attach a copy of the Adoption Agreement);
  7. A statement that the adoption is in the public interest; and
  8. A request the court approve the Adoption Agreement.

The Adoption Agreement:

The Adoption Agreement is an agreement between the adoptive parent and the adult being adopted.  The Adoption Agreement must state that both parties agree to assume the legal relationships of parent and child and all the duties and responsibilities of that relationship.  The Agreement must be dated and signed by both parties.

Consents of Spouses:

If the adoptive parent has a spouse, the spouse must sign a consent stating they are consenting to the adoption and accept the rights and responsibilities.  If the adult being adopted has a spouse, that spouse must too sign a consent to the adoption and accept the rights and responsibilities.

The Adoption Order:

The order must contain all the information that is recited in the Adult Adoption Petition and the Adoption Agreement.

Scheduling a Hearing in Adoption Court:

To finalize the adoption, you must file he paperwork described above and request an adoption hearing to get a date to appear in front of the court and request that the adoption be finalized and ordered by the court.  Both the adoptive parent and the adult to be adopted need to go to the hearing.

The court will ask if the facts in the Adult Adoption Petition and Adoption Agreement are true and correct.  After a few routine questions, the court will grant the adoption.  All adoption proceedings are heard privately and are not open to the public.  However, invited family and friends are welcomed so invite your loves ones that you wish to share this happy moment with.

If you need assistance in the adoption of an adult, or an adoption in general, do not hesitate to contact Lovette T. Mioni at Mioni Family Law to assist you.  Call to set up a consultation today to get started! (424) 259-1770

Mioni Family Law assists clients in Playa Vista, Marina del Rey, Playa del Rey, Torrance, Culver City, Santa Monica and the greater Los Angeles area.

 

How to file for Divorce in Marina del Rey (or any city in Los Angeles County)

In order to file for divorce in the great state of California, you have to have lived in California for the last six (6) months.  In order to file for divorce in the city of Marina del Rey, or any of the greater Los Angeles area, you have to have lived in Los Angeles County for the last three (3) months.  Do you meet these requirements?  Call me at (424) 259-1770 to find out if you meet the requirements to file for divorce in Los Angeles County and what your options are if you do not meet the requirements.

Next, you need to determine if you would like to file for divorce, legal separation, or annulment.  Don’t know what the difference is?  Read about the difference between divorce, legal separation, and annulment on my blog here.

Assuming you would like to file for divorce you will need to obtain the proper forms for filing.  You can obtain the divorce forms from your local courthouse or you can find the forms on my resources page under the “Forms” section here.  If you decide to hire an attorney, your attorney should provide you these forms.

Fill out the following forms:

  1. Petition- Marriage/Domestic Partnership (Form FL-100).  This form allows you to give the court basic information about your marriage and/or domestic partnership.  You request the court make certain orders, but this is more of a “wish list” of the orders you may be requesting later in the case.  For example, if you check the box that requests spousal support, you still need to file a Request for Order for Spousal Support if you would like the court to hear that issue and grant you spousal support.  Checking the box on the petition, does not automatically entitle you to spousal support.
  2. Summons- Family Law (Form FL-110). This form contains information about the divorce process.  It also contains automatic temporary restraining orders that restricts what parties can do with their property, money, auto insurance, health insurance, other assets and debts, and also restricts removing the minor children from the state.

If you have minor children (children under the age of 18), you will also need to fill out the following:

  1. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105).  This form tells the court where the child or children reside and where they have resided in the past.  The court uses this form to determine if the state and county of Los Angeles have jurisdiction to make custody orders.

Fill out any local forms, if they are required.  Some courts require that their local forms be completed and filed with your Petition and Summons.  Contact your attorney or self-help center to find out if you need to fill out any local forms.  In Los Angeles county, you will also need a Family law Case Cover Sheet (Form FAM-020).

You should make sure your forms are reviewed by someone who is familiar with these forms, ideally an attorney that specializes in family law.  If you cannot afford an attorney or just wish to complete your divorce without an attorney, there are self-help centers at most courthouses that can assist you.

Once your forms are complete you will need to file them with your local courthouse.  In Los Angeles County, you can either file at your local courthouse or at the Stanley Mosk Courthouse located in Downtown Los Angeles.  If you are unclear what your local courthouse is, contact an attorney or a self-help center and they can assist you.  Bring at least two copies of all the forms to the filing window.  The court will keep the original and return the conformed copies to you.

Once your Petition for Divorce has been filed, it needs to be served on the other party.  You cannot serve the Petition yourself, it has to be a non-party over the age of 18.

If you have any questions or want to learn more about filing for divorce in Marina del Rey or in the surrounding areas of Los Angeles please contact Lovette T. Mioni at Mioni Family Law today at (424) 259-1770.

Mioni Family Law serves clients in Playa Vista, Marina del Rey, Playa del Rey, Venice, Culver City, Santa Monica, Torrance and throughout Los Angeles County.  Call today to schedule a consultation (424) 259-1770.