By Roberta M. Gubbins
Legal News
A courtroom sees a complete range of human emotions--joy, sorrow, rage, calm, passion, apathy, but the "most fun thing we do are adoptions," said Toni Coltman, Adoption Specialist, Ingham County Circuit Court. "We do 200 to 250 adoptions a year."
She urged the lawyers present at the Family Law Section meeting on May 13th to know the rules for each county where they are planning to file for adoption.
"Filing adoptions is different in each county," she said. "You'll find that what Ingham County requires is completely different than what they might require in Eaton County."
The two most common adoptions that lawyers are asked to do are relative adoptions and stepparent adoptions. Coltman presented the group with a complete list of the forms needed for adoptions. "Ingham County Circuit Court has a website. If you click under Family Division and Adoptions," she said. "every SCAO (Supreme Court Administrative Office) form and some Court specific forms are there. Or you can come to the court and we will make copies for you at a cost of one dollar a page."
Children in foster care are wards of the court and "a private adoption can't be done, because the parental rights are being held by the Department of Human Services (DHS). They have to give consent and they will handle the adoption."
If a client comes to you and says they have not been approved DHS for adoption, "you can file a Petition for Adoption and a motion for reconsideration under section 45 of the Adoption Statute (MCL710.45). The Court will hold a hearing to determine if the decision by the DHS was 'arbitrary and capricious.'
The most common adoption is the stepparent adoption where the non-custodial parent has consented. Petitioners must be a resident of the county where they are filing. They can file "any time after they are married, however, if they are not married at least six months, the court won't finalize the adoption until the mandatory six month waiting period is up."
Petitioners can seek waiver of the six-month period if they've been married for six months and the child has lived with them during that time. "Generally, the court will waive it. Judge Garcia makes you wait a year," she said. "He does this because he wants to know that the marriage is permanent."
The mandatory Court Investigation including criminal background checks on both parents and one visit to the child and the family will be conducted. The court pays for the investigation. In situations where the child doesn't know that the parent is a step-parent, the judges will still want the child to know that something has changed and insist on a hearing.
The biggest obstacle, she noted, is the consent termination of the non-custodial parent. "If that parent is out of state, we can send the forms to the local court and they can go before the judge there. The original is sent back to me."
Asked about other countries, she acknowledged she has dealt with other countries many times in an effort to get a consent. "I took what I had and sent it to the Judge--if the Judge says yes, I go with it," she said.
"Being on the birth certificate doesn't make someone a legal father, " she said. "There must be an acknowledgment of parentage or a court order somewhere to be a legal father."
In answer to questions, she said:
Waiver of child support is completely separate from adoption. The issue of child support cannot be raised in an adoption. Child support continues to accrue until the adoption order is signed.
Relative adoption requires that the adopting person be related within the fifth degree.
Birth parents have to consent to adoption; if the subsequent adoption doesn't take place, the rights are returned to the parents.
"We do a lot of adult adoptions and they are so much fun. You don't need consent of the parents if the person is 18 or older." Many are stepparent adoptions where the biological parent has not had contact, pays support but won't consent.
"Adoptions can take many permutations," Coltman said. "If you have a question, please just call me." She can be reached at 517-483-6313.
Toni Coltman is a graduate of Jackson Community College. She has been with Ingham County Court for six years. Prior to that, she worked in the courts in Pasco, Florida.
Published: Thu, May 19, 2011
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