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The lawyer is responsible for filing the petition for adoption and guiding their clients through the process. In a contested adoption, a guardian ad litem (GAL) will be appointed to investigate the best interests of the child. The GAL will speak with the clients, the child (if old enough), and others involved, such as teachers and therapists. Much preparation is done with clients to ensure they are ready to engage with the GAL, covering topics to bring up and documents to provide. A significant part of the process is the termination of parental rights trial, which is one of the most complex and detailed hearings in the U.S. due to the high regard held for parental rights. To terminate parental rights, the standard of proof is “clear and convincing evidence,” which is extremely high. As such, the lawyer must be well-versed in the law and understand the specific criteria required to terminate parental rights.
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Naperville, IL family law attorney Melissa Kuffel discusses the role a lawyer serves to facilitate the adoption process. She explains that the attorney is responsible for filing the adoption petition and guiding their clients through the adoption process. In a contested adoption, a guardian ad litem (GAL) is appointed to assess the child’s best interests. The GAL conducts interviews with the clients, the child (if age-appropriate), and other relevant individuals such as school personnel and therapists. As the attorney, I assist my clients in preparing for discussions with the GAL, helping them identify important points to raise and providing necessary documents.
One of the most critical and complex aspects of a contested adoption is the termination of parental rights trial. This trial involves a thorough examination of the evidence and legal arguments. Terminating parental rights is a significant decision, and it requires presenting clear and convincing evidence, which is a very high standard. As the attorney, it is essential to have a deep understanding of the law and the various legal grounds for terminating parental rights. It is a meticulous process that demands careful attention to detail and expertise in this area of law.