http://www.arkansasadoptionattorney.com/blog/rss/feedsWe make step-parent and adult adoptions quick and easy. We do this on a flat fee basis and handle cases throughout Arkansas. Call (501) 500-3883 for a free consultation.Wed, 06 May 2026 02:58:31 -0700http://www.arkansasadoptionattorney.com/blog/post/maternity-leave-for-adoptionhttp://www.arkansasadoptionattorney.com/blog/post/maternity-leave-for-adoptionWouldn’t it be great if adoptive parents got the same amount of maternity / paternity leave as biological parents? Believe it or not, that’s already the law in Arkansas. According to Arkansas statute § 9-9-105, if your employer gives maternity/paternity leave for biological parents, they have to give you the same leave if you adopt a child. Arkansas law also says that any other benefit provided by the employer has to be the same, such as a job guarantee or pay guarantee. This law does not apply in step-parent adoptions, adult adoptions, or the adoption of a foster child by the child’s foster parents. For more details, contact Chuck Buchan at chuck@arkansasadoptionattorney.com or call him at (501) 500-3883.Fri, 11 Oct 2024 12:01:00 -0700http://www.arkansasadoptionattorney.com/blog/post/fathers-consent-requiredhttp://www.arkansasadoptionattorney.com/blog/post/fathers-consent-requiredLagios v. Goldman, a 2016 case decided by the Arkansas Supreme Court, addressed the issue of when a father’s consent is required in an adoption case. Unless he falls into one of these categories, a father’s consent is not required: 1. He was married to the mother of the child at the time of conception or at any time thereafter. 2. He is the father of the minor child by adoption. 3. He has physical custody of the child at the time the petition is filed. Note this is physical custody vs. legal custody. This might happen when the mother has legal custody of the child, but the child has been living with the father. 4. He has a written order granting him legal custody of the minor at the time the petition is filed. Note this is legal custody vs. physical custody. This means the father has a court order that says he is entitled to custody of the minor child. 5. A court has issued an order saying he is the legal father PRIOR to the time the petition for adoption is filed. In the Lagios case, the birth father was adjudicated to be the father AFTER the petition to adopt was filed so the Court ruled his consent was not required. 6. He proves that a significant custodial, personal or financial relationship existed with the minor BEFORE the petition for adoption was filed 7. A father must consent if has acknowledged paternity by executing an affidavit of paternity after the child is born. In the Lagios case, the father was adjudged to be the legal father AFTER the petition for adoption was filed. As a result, he did not fall into one of these categories and his consent was not required. The adoption petition was allowed to proceed and the Court ruled that it was in the best interests of the child to grant the adoption. This case also points out the importance of WHEN the adoption petition is filed. Filing the petition in effect draws a line in the sand. Four of the seven categories above make reference to the date the petition was filed. So WHEN the adoption petition is filed can make or break the case. Prospective adoptive parents should file their petition as soon as possible. If you have a question about your situation, I’d be happy to offer a free consultation. Email me at chuck@arkansasadoptionattorney.com or call me at (501) 500-3883.Fri, 11 Oct 2024 12:01:00 -0700http://www.arkansasadoptionattorney.com/blog/post/mothers-consent-not-requiredhttp://www.arkansasadoptionattorney.com/blog/post/mothers-consent-not-requiredAs a general rule, a parent must consent to the adoption of his or her child. But rules have exceptions. The Arkansas Court of Appeals case recently upheld an order which said that a mother’s consent was NOT required in the adoption case filed by the stepmother of her four children. Under Arkansas law, a parent’s consent is not required if, for a period of at least one year, the parent fails to significantly and without justifiable cause to (i) communicate with the child OR (ii) fails to provide for the care and support of the child as required by law or judicial decree. In this 2016 case, the parents of the four children were divorced. The mother tested positive for methamphetamine and amphetamines and the Court stated that she was “not to have any visitation at all” with the children. The judge said “when you decide that your children are more important to you than methamphetamine, then you can certainly come back and ask the Court to reverse this ruling and the Court will certainly look at it. But until that day happens, then there’s not going to be even visitation with your children.” The Court also did not order her to pay any child support. This order was entered on September 6, 2013. A little more than a year passed before an adoption petition was filed by the children’s stepmother. In that case, the mother agreed that she had not communicated with or provided support to the children for a little over a year. She did not attend any football games or other school functions. She did not send any birthday cards. She did not send any Christmas cards or presents. She did not write any letters to the children or attempt to call them. She also did not file anything with the divorce court which sought to restore visitation with her children. The issue that was decided by this case is what constitutes “justifiable cause.” The mother did not dispute that she failed to significantly to communicate with or provide support for her children. She argued that the Court’s order denying her visitation in effect ordered not to have any contact. The Court of Appeals disagreed. The order only prohibited visitation. There was no order that prohibited contact with the children’s father or which prohibited contact with the children. The Court also said that the mother did not provide care and support for her children. The fact that there was not a Court order which required her to pay child support did not excuse her. A parent has a legal and moral duty to support his or her children, regardless of the existence of a support order. If you have any questions about adoption in general, or about how this case might impact your situation, please contact Chuck Buchan at chuck@arkansasadoptionattorney.com or call him at (501) 500-3883. NOTE: A copy of the full opinion of this case, Rodgers v. Rodgers, 2016 Ark. 447 (2016) can be found at http://opinions.aoc.arkansas.gov/ WebLink8/0/doc/356443/Electronic.aspx.Fri, 11 Oct 2024 11:57:00 -0700http://www.arkansasadoptionattorney.com/blog/post/five-reasons-for-adult-adoptionhttp://www.arkansasadoptionattorney.com/blog/post/five-reasons-for-adult-adoptionWhen someone says the word “adoption,” what usually comes to mind is a picture of a young child being adopted by loving parents. However, there are many occasions when someone is adopted as an adult and this happens more than you think. In 2015, there were 41 adoptions in Arkansas where the adoptee was 18 years old or older. This is about 3% of all adoptions in 2015. There are many reasons for Adult Adoption, such as: STEP-PARENT: You may have been raised by a stepparent, and the stepparent wanted to adopt you, but your biological parent refused to consent. Once you are an adult, the consent of the biological parents is NOT required. For a recent example of this type of adult adoption, read this article in the Daily Mail and watch the video where a girl gives the adoption papers to her step dad as a birth day gift. Get your tissues ready. http://www.dailymail.co.uk/news/article-3767191/Heartwarming-moment-girl-asks-stepdad-legally-adopt-birthday.html FOSTER PARENT: You may have been raised by a foster parent, and your foster parent may not have been allowed to adopt you while you were in foster care. Once you are an adult, the State no longer has any say in who should adopt you. REVERT TO BIOLOGICAL PARENTS: You may have been adopted, and for whatever reason, the adoption didn’t work out and you want to restore the legal relationship of parent and child with your biological parents. Your biological parents can adopt you as an adult and this will sever all ties with your adoptive parents and recreate the legal relationship with your biological parents. INHERITANCE RIGHTS: You may need to be adopted so that you can establish inheritance rights. If you were raised by a step or foster parent but were never legally adopted, you are not entitled to inherit anything from them when they die. Of course, the step or foster parent can include you in their will, but if for some reason that will fails, you are not legally entitled to inherit anything through the intestate succession laws. Be careful, however. While it’s true that you will gain inheritance rights if you are adopted by your step or foster parent, you will also lose inheritance rights from your biological parents. The adoption severs all legal connections with your biological parents. BENEFITS: You may have lived all your life with a step or foster parent, but you were not adopted for whatever reason so you are not legally their child. As a result, a step or foster parent may not be able to add you to their health insurance or transfer their G.I. Bill benefits to you when you become an adult. . Your step or foster parent can adopt you as an adult, and that will make you their child for all legal purposes. Adult adoption is a little different than child adoption. For example, 1. Consent is not required of either biological parent. 2. The adult to be adopted must consent to the adoption. 3. The spouse of the adult to be adopted must consent. 4. The person seeking to adopt must have their spouse join as a petitioner or consent to the adoption. 5. As a general rule, a home study is not required. Because of these differences, adopt adoption is usually an uncontested matter and can be done for a flat fee. If you have questions about adult adoption, contact Chuck Buchan today. Email him at chuck@arkansasadoptionattorney.com or call him at (501) 500-3883.Fri, 11 Oct 2024 11:52:00 -0700http://www.arkansasadoptionattorney.com/blog/post/586--a-staggering-numberhttp://www.arkansasadoptionattorney.com/blog/post/586--a-staggering-numberNovember is known as National Adoption month. Why do we need a special month for adoption? This focus is needed because many people simply don't know how many kids are waiting for adoption. As the saying goes, "if something is out of sight, it is out of mind." In April of this year, the Arkansas Department of Human Services released their statistics for the 2015 fiscal year. it showed that there were 586 children ready for adoption. This is up approximately 30 percent from fiscal year 2012. 586 children are ready for adoption. Can you believe that? 586 is more than a number on a government chart. That number represents real people waiting for something that we probably take for granted - a family. The State has created a webpage where you can look at the children that are waiting to be adopted. It is called the Arkansas Heart Gallery and it can be found at https://dhs.arkansas.gov/dcfs/heartgallery/. Take a minute and look at these kids. If you are not ready to adopt, maybe you know someone that is considering it. Point them to the Arkansas Heart Gallery.Tue, 13 Dec 2022 09:57:00 -0700