Adoptions in Rhode Island are of two broad types: they are either consented to, or they are contested adoptions. Consented to adoptions are just that: all parties (biological parents and adoptive parents) are in agreement. Those adoptions are the least complex. If you have an interest in filing for adoption, give Attorney Don Moyer a call at (401) 305-2934.
Contested Adoptions in RI
Contested adoptions occur when one or both of the biological parents disagree with the adoption. The most common contested adoption occurs if one of the biological parents has remarried, and the new step-parent would like to adopt the child. In order to succeed in a contested adoption, the party needs to prove certain things in court. The courts call these things the “grounds for adoption”. The most common grounds are:
Grounds for Adoption (Contested)
- Abandonment for at least 6 months
- Failure to provide support for at least 1 year
- Abuse, etc.
If the petitioners can prove one of these grounds exists, then they may succeed in the contested adoption. Contested adoptions will include a trial to resolve factual and legal issues. Issues at trial include whether the parent fighting the adoption truly abandoned the child or if the failed to provide support for the child.
If you are seeking to adopt in Rhode Island, or are defending against an adoption attempt, we can help. Call us at (401) 305-2934 to set up your initial consultation today.