FREQUENTLY ASKED QUESTIONS

ADOPTIONS:

  1. What types of adoptions do you handle? Primarily domestic adoptions including agency adoptions, private adoptions, step-parent adoptions and adult adoptions.
    • Agency adoption: This is one where an adoption agency or a state’s Children’s Division is involved in placing a child for adoption.
    • Private adoption: This is where a birth mother or birth parents have located adoptive parents for a child that has been born or will soon be born. There is no agency involvement.
    • Adult adoptions: where a person over 18 years of age is being adopted by another adult.
    • There are also international adoptions.

  2. Who do I talk to about becoming an adoptive parent?
    3. 

      
  
    • There are a number of ways to become an adoptive parent.  You can contact an adoption agency which specializes in domestic or international adoptions.  www.adoption.com is an excellent resource.  Or, you can contact your local Children’s Division office.  To find out which office to contact you can go to http://www.dss.mo.gov/offices.htm to find your local office.

      • 

    


  
  3. How do I find out what children are available for adoption? There are several adoption registries available.  One such registry is maintained by the Missouri Department of Social Services, Children’s Divisions at http://www.dss.mo.gov/cd/adopt.htm.  Another registry can be viewed at http://www.adoptuskids.org/ which is a nationwide registry.

    4. 
  
  4. How long does it take to complete an adoption?  That answer depends upon several things.  If the birth parents rights have not been terminated (i.e. the child may be in foster care) then it could take a very long time.  If the child has been previously freed for adoption (i.e. parental rights were terminated) then it depends upon how long it takes to complete the home study plus.  After that a two count petition is filed – one requesting transfer of custody and one for adoption.  After the court hears the transfer of custody you must wait 6 months before finalizing the adoption.

    5. 
  
  5. Can you waive the 6 months requirement?   Yes, the court may permit you to waive if you have had lawful and actual custody for a period of 6 months or longer prior to the filing of the petition for adoption.  Those situations include a step-parent marriage, legal guardianship, foster parent or third-party custody.

    6. 
  
  6. What is a home study?  This is a requirement where you undergo a background check and meet with a person qualified to prepare a report for the court that could include your family history, financial status, family status and any other information the person feels is necessary for the court to know.  Depending upon what information is learned then the person makes a recommendation to the court as to whether you should or should not be approved as an adoptive family either for children in general or a child or children in particular.

    7. 
  
  7. Can the home study requirement be waived?  In a select few situations the court may waive the requirement if all persons who are required to consent to the adoption have done so.

    8. 
  
  8. What is a consent?  This is a document that a birth parent signs in which that parent voluntarily agrees to have his or her parental rights terminated.  In some circumstances the birth parents will sign a consent to allow a specific adoptive parent to adopt his or her child.  However, it is necessary that you locate an attorney who is familiar with the juvenile court as some Judges will not accept a consent for an identified adoptive parent as they consider those consents to only be conditional consents.

    9. 
  
  9. How soon can a parent consent?  At any time after a child is 48 hours old then the parent may sign the consent.

    10. 
  
  10. Can a parent revoke his or her consent?  Missouri courts have held that a birth parent cannot revoke a properly obtained consent if it has been accepted, reviewed and approved by the Court unless they can prove fraud or duress.  Again, it is necessary for you to locate an attorney familiar with adoptions to ensure that the consent is properly obtained and to know whether the Judge will adhere firmly to the law regarding revocations.

    11. 
  
  11. Do children have to provide consents?  If they are over 14 years of age Missouri law requires that their consent be obtained before the Court grants the adoption.  However, if the Court finds it to be in the child’s best interests the Court can over-ride the child’s consent or refusal to provide consent.

    12. 




FAMILY LAW:


    
  
  1. What types of family law cases do you handle?  Dissolutions, paternity cases, modifications, and family access motions.

    2. 
  
  2. What is a parenting plan?  This is a document that lays out how, among other things, how visitation, custody, child support, and decisions regarding the child’s health and education are to be handled.

    3. 
  
  3. Is it set in stone or can it be modified?  You can either file a modification in court if there are substantial and continuing changes of circumstances or the parents can come to their own agreements regarding visitation.  If, however, the parents cannot agree then the parenting plan is the base plan that the parents must follow.

    4. 
  
  4. What is a Form 14?  This is worksheet that the Courts and attorneys use to determine how much child support one parent may pay to another.

    5. 
  
  5. Is 14 the magic age at which a child makes a decision regarding visitation?  There is no magic age in family law.  Courts generally hold that a child should not be empowered to make his or her own decisions until age 18.

    6. 
  
  6. Is it true that whoever has custody of the children when a case is filed shall retain custody?  No

    7. 




JUVENILE LAW:
 


    
  
  1. Who are the Children’s Division and the Family Support Division?  The Department of Social Services reorganized its divisions and what was known as the Division of Family Services is now known as the Children’s Division and the Division of Child Support Enforcement is now known as the Family Support Division?

    2. 

  
  2. I had a hotline called in on me and the Children’s Division’s investigator wants to get a copy of my medical records.  Aren’t my medical records protected by doctor/patient privilege?  No, in cases of known or suspected child abuse or neglect there are only two privileges - Attorney/Client and Minister/Clergyperson.

    3. 

  
  3. I think that my neighbor’s child is being abused but I do not know how to contact the Children’s Division.  Can you tell me how to reach them?  If you are in the state of Missouri, the phone number is 1-800-392-3738.  If you live outside of the state of Missouri, the number is (573) 751-3448.  If you are not sure about what to do, you can call your local Children’s Division office and they can advise you whether or not to make a hotline call although it is better to err on the side of over-reporting rather than not reporting at all.

    4. 

  
  4. Are all calls made to the hotline handled as abuse/neglect calls?  Not necessarily.  Some calls may be handled as investigations where a finding of abuse is or is not made while others may be handled as assessments and services and assistance may be provided to the family.

    5. 

  
  5. I am at my wit’s end.  My child has mental health issues but I can’t afford the treatment.  Someone told me if I turn my child over to the Children’s Division that they would have to provide her with the treatment but I don’t want to give up custody of my child because it would look like I was abusive or neglectful.  What can I do?  It is possible that you and your child might qualify for what is known as a voluntary placement agreement where the Children’s Division and/or the Department of Mental Health enter into a voluntary placement agreement with you where your child gets the necessary treatment but you still maintain all custodial rights to her.
    6. 






APPEALS:



I want to appeal the court’s decision in my case.  My attorney says that it won’t be a problem if the brief that he has written doesn’t perfectly conform to the Appellate Court’s rules with regards to length, indexes and other rules.  He says not being particular will save me money.  Is he correct?  No, it is very important that the attorney writing your brief and filing your appeal follow each and every rule no matter how tiny the detail.  Appellate Courts generally send briefs back for failure to conform to rules and if the attorney writing the brief waited until the last minute, your appeal may very well be dismissed and you will have lost the right to appeal your case.

	

ATTORNEY CONFIDENTIALITY:



In law school my professor explained attorney client privilege with the following example…  If you contact me regarding your case, even if you do not end up hiring me everything you have said to me will be considered attorney client privilege.  Attorney client privilege is the most sacred bond between an attorney and his/her client.



ATTORNEY-CLIENT RELATIONSHIP:



    
  
  1. What is the most important aspect of the attorney-client relationship?  Aside from confidentiality, communication between the attorney and the client.  In order for an attorney to effectively represent you it is vitally important that you maintain regular, open and honest communication with your attorney even if the information is not favorable to you.  However, do not expect your attorney to respond to your every communication.  Simply leaving a message is often the best form of continuing communication and a good attorney knows when to respond to a call or a letter.  Burdensome requests for responses from your attorney could result in unnecessary fees being incurred.

    2. 
  
  2. Homework:  if you are being charged by the hour do not be surprised if you are asked to compile information, create time lines and/or fill out forms at home.  The more you are able to do to assist your attorney the more effective your attorney and your dollar become.

    3. 
  
  3. A failure to communicate on a regular, open and honest basis could be grounds for termination of the attorney-client relationship.

    4. 




MISCELLANEOUS:



    
  
  1. What other types of cases do you handle?  Primarily Name changes, Wills, Guardianships and Appeals in certain types of cases.

    2. 
  
  2. How can I follow my case without having to bug my attorney all the time?  You can follow your case by going to www.courts.mo.gov/casenet.

    3. 
  
  3. Why can I not see my case on Casenet?  Some types of cases are considered confidential such as adoptions, juvenile court cases, and, paternity cases.

    4. 




DISCLAIMER:



Our office is open 8:30 a.m. to 5:00 p.m. Monday through Friday closing daily from noon until 1:00 pm. Unless prior arrangements have been made by us we are closed on all state and federal holidays.



Our mailing address is:

Housholder Law Firm, LLC
P.O. Box 708

Marshfield, Missouri  65706



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The best way for you to initiate a possible representation is to call our office at (417) 859-4430.  When you have signed a client contract with the Housholder Law Firm, LLC, you will be our client, and we may exchange information freely.

 

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TERMS AND CONDITIONS:



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