Archive for November 6, 2014

Looking at Adoption Consent

Adoption consent is actually an important topic, because there is a lot being handed over when a birth parent gives up their child to be adopted. By giving up parental rights, you are giving up the right to raise and take care of that child, and allowing someone else to adopt them into their home and family. Because of that, it’s required that a lawyer witness and 2 other witnesses be present when papers are being signed for adoption outcomes.

The Court Case in Question

A recent court case (August of 2014) certified a family court’s choice not to end a birth mother’s parental rights in light of the fact that the birth mother was not in a place to provide consent at the time that the papers were being signed. Since not one or the other witness saw any of the discussion with the birth mother in regards to the adoption papers and the lawyer witness was clearly not present when the birth mother signed it, the Court of Appeals attested the family court’s determination that the Respondent couldn’t continue with the requested adoption, and that the birth mother still had a right to the child that they had birthed. Even though a case like this should not always result in this sort of action, in this particular case, the concern of the court was warranted and the birth mother was given her parental rights back.

So Why Was This the Outcome?

The motivations behind the necessities that are listed in 63-9-340 are to ensure that normal, everyday people comprehend the implications of what they are doing when they give up their parental rights. This is a really big deal. Given the gravity of this surrender, it is essential that birth parents comprehend what they are consenting to. In this particular case, it’s not evident that anybody really clarified to the birth mother what she was doing in consenting to surrender her parental rights. Given that condition, she had not truly surrendered these rights because she didn’t actually know what was going on.

So, in this case, the adoption would not go through. But that isn’t always the case – the circumstances will always change and they will vary based on what is actually going on in the situation and the state that the birth parent(s) reside in, because adoption laws do vary slightly based on the state that you live in.

Should a Lawyer Fight Back?

There was a recent case where a judge became very angry at the proceedings that were occurring. He said some very angry things to several of the people, including the person that was being tried. The issue was, the lawyer reacted quite poorly and ended up causing more of a mess with the situation than he would have had he just allowed it to go on the record and be dealt with later.

So What Happened?

One of the first things an attorney researches life in the court is that when the judge talks, you close your mouth and tune in. This is because the judge is in control, regardless of your reaction. That being said, when this specific lawyer stood up to defy the judge, the judge essentially threatened to take him out back and beat the daylights out of him. The lawyer made it a bit worse by trying to rile him up more and by continuing to goad him. But that’s not the lawyer’s role in this case – he should have, by all means, declined the offer, sat down, closed his mouth, and asked that that particular interchange be put on the record. That way, he could bring it up later on and get the judge dealt with properly.

Anger in the Court

Why do people continue to get angry in the courtroom? Obviously, there are a lot of emotions going on, but that doesn’t mean that judges and lawyers should be lowering themselves to yelling at each other throughout the entire case. Some judges will react and start yelling back, but that doesn’t solve the problem. Other judges will just wait for the lawyer to relax somewhat, sometimes by acting relaxed themselves and making the lawyer feel sheepish for yelling and screaming in the middle of the courtroom.

lawyer fightsTalking to Ned Khan, (Aurora Divorce Lawyer.) you aren’t supposed to simply ignore that it ever happened. There’s a way to go about it properly. In the event that a judge is out of line, it is not the employment of the attorney to fight back, however to verify it is written on the record. The fight can happen later, in a separate case, instead of during the case that they are trying to take care of at the moment. That way, the Aurora IL Personal injury lawyer can concentrate on helping their client for the time being, and then go back to the issue at hand later on.

Adoption, Surrogacy, and Child Custody

The term “family law” is actually a broad term that describes an area of law dealing with situations related to the family. A few of the situations under the umbrella of family law include things such as adoption and surrogacy, and child custody, support, and visitation. When it comes to the courtrooms in the USA, the family law are the most crowded and all walks of life are represented.

Following is a closer look at some of the things that family law covers:

A) Adoption and Surrogacy

When a person takes over responsibility for taking care of a child, it is known as adoption. In the case of adoption, all rights are taken from the biological parents and passed to the adoptive parents. Adoption is much different than guardianship or other systems in place to ensure children are properly taken care of. Adoption is a permanent change in status and is the main way that it can be ensured that children who are abused, neglected, are homeless, or have run away, can be taken care of.
Surrogacy is a situation where a woman carries a baby in her womb for someone else. There are two types of surrogacy:

1) Gestational- surrogate is made pregnant through the transfer of an embryo through IVF and the child is unrelated to the surrogate.

2) Traditional- surrogate is made pregnant artificially or naturally and the child is related to the surrogate.

In the USA, gestational surrogacy is much more common, due to the complications that can arise with traditional surrogacy.

B) Child Custody, Support, and Visitation

Two legal terms used to describe both the legal and practical relationship between a parent and child is custody and guardianship. This most often comes up when a divorce, annulment or other proceeding when a child is involved. Most of the time, the judge presiding over the case will take into consideration the best interests of the child. These are some of the nastiest of court battles.

Family LawChild support, also called “child maintenance,” is a payment made by one parent to the other in order to financially benefit the child. These payments are periodic- typically monthly- and are ongoing until the child is an adult or some other changes have occurred. Typically, the non-custodial parent makes these payments to the custodial parent. However, in some cases, the custodial parent may be required to make payments to the non-custodial parent. In the cases where custody is joint, the parent with the higher income is required to make payments to the one who has a lower income.

The periods of time that the non-custodial parent gets with the child is referred to as visitation.

Understanding Medicaid

When you look at the big picture, Medicaid is not “a” project, it is a few projects serving distinctive populaces with altogether different needs. Most people enlisted in Medicaid today are healthy (children are estimated to be around half of the Medicaid populace) and millions, in a better economy, would not be on the system on the grounds that they would be appreciating a larger amount of wage. Millions are on Medicaid in light of an unforeseen development – separation, loss of a vocation, loss of pay, or an unintended pregnancy. Numerous families who are on Medicaid today won’t be on Medicaid in several years or so.

Who Was Medicaid Meant For?

Medicaid CostsBe that as it may, a senior on Medicaid or a single person with a disability on Medicaid, will probably depend on the project for whatever remains of his/her life. Medicaid is, in substantial part, about how and where that senior or individual with a disability will live. Roughly two-thirds of Medicaid has been developed for the benefit of low-salary seniors and clients with disabilities, but only about half of that is actually being used for those populations. Does that mean that it is not effective? Absolutely not, but it’s interesting to see that there are more and more people using Medicaid benefits that weren’t intended to in the first place.

Does The Health Care System Need to Change Again?

Does that mean that Medicaid has to be changed? Possibly, but that would take a lot of work and would likely get a lot of pressure from outside organizations if it started to become a problem. Changing major laws like Medicaid is difficult, mainly because of the fact that people don’t really understand what these types of changes will do to the populations in question. Will it make it harder for them to obtain the insurance that they need? Will it make it so that there is less money to go around?

Many people will say that these questions wouldn’t come up if the healthcare system changed. Of course, that happened with the changes in the ACA, and now there are a lot of things that are up in the air about that law as well. In order for people to get the help that they need and the health care that they deserve, it would take a major revamp of the system. The problem is, people aren’t willing to change their views on these laws because they worry that the populations that these programs were intended for won’t be able to get what they need anymore.