[SPAM] Re: [WSBAPT] [SPAM] Guardian of minor child
Ashley Raymond
ashley at ashleyraymondlaw.com
Tue Mar 25 13:08:32 PDT 2014
Wow, thank you so much for all of the responses. One issue is that the
mother does not want to give up parenting the child yet, just in case
something happens and she somehow goes into remission. Would it be
possible for us to get the father to consent to give up his parental
rights now, while she is still alive, have the mother name a guardian in
her will, and then have the guardian take up the adoption proceedings
after death?
One attorney I talked to said the Court will not allow the father to
terminate his parental rights unless an adoption is going to take place
because it will take the financial responsibility off the father. Is this
correct?
Ashley Raymond, J.D., LL.M.
Ashley Raymond, PLLC
651 Strander Blvd., Ste. 215
Tukwila, WA 98188
Ph: 425-496-7495 | Fax: 425-523-3984
ashley at ashleyraymondlaw.com
Website <http://ashleyraymondlaw.com> | Facebook
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On Mon, Mar 24, 2014 at 4:36 PM, Douglas Bratt
<djbratt at mbavancouverlaw.com> wrote:
Marcus is absolutely correct.
Much of adoption is different in different counties, due to local ways of
doing stuff.
Here, in Clark County, our judges seem to favor a situation whereby
termination and adoption (although two separate portions of the hoped-for
end result of adoption) occur fairly close to one another. This is
especially true in cases of a step-parent adoption where we don’t want the
birth father’s rights to be terminated with a long period of time before
the step-father steps in with a granted Decree of Adoption, perhaps out of
fear that the adoption idea goes south if marital problems occur between
the birth mom and the step-father (it has happened to me in one case in
nearly forty years) and the child is left with one legal parent when the
birth dad’s rights have been terminated, but the prospective adoptive
parent decides to back out due to the martial problems.
So, that was probably the genesis of my comments that appeared to speak of
both proceedings as being one. I think of them as being (hopefully) a
smooth proceeding with only a couple of weeks between termination and
adoption.
The last time I did an adoption in Cowlitz County, many years ago (a
married couple adoption involving a new-born), the judge wanted BOTH the
termination and the adoption to occur on the same day in the same court
hearing. My reading of the statute says that this is not the way the
legislature envisioned the deal to work, but the black robe speak-eth and
the humble people do-eth what has been spoken-eth. Besides, there seemed
to be no one who object-eth to the black robe doing what the black robe
want-eth to do.
Again, good luck. These are always difficult situations when a parent is
dying much sooner than anyone ever thought would occur, and a child
needing love and security is left in a situation that are sometimes
difficult to fashion, especially in the middle of the unexpected dying
process.
Regards,
Doug
Douglas J. Bratt
Lawyer
Office: (360) 213-2040 <tel:%28360%29%20213-2040>
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, March 24, 2014 3:41 PM
To: 'wsbapt at lists.wsbarppt.com'
Subject: RE: [WSBAPT] [SPAM] Guardian of minor child [text]
Sorry, one item to follow up on. Doug is correct about the adoption and
SS benefits timing. Termination and finalization are two different things
in adoption. You can terminate bio father’s rights, and wait for bio
mother to pass away in order for child to receive her bio mother’s ss
benefits (assuming bio mother has enough work credits at time of passing.)
Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220 <tel:%28509%29%20248-7220>
Facsimile: (509) 575-1883 <tel:%28509%29%20575-1883>
NOTICES:
*Adoption Attorney reflects election as a Fellow of the American Academy
of Adoption Attorneys, an invitation based organization of 300+ attorneys
nationwide, under its criteria of experience, ethics and peer
recommendation. Washington's Supreme Court has not yet developed or
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Monday, March 24, 2014 3:30 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Guardian of minor child
A P.S. to my comments, below.
As it true in all of life, timing is everything. All I have spoken about,
in my prior comment, can be affected by a much-quicker-than-anticipated
death of the mother of the child. Before starting (or parallel in time to
the start of) a non-parental custody proceeding, it is vitally important
that mother of the child set out her preferences as to a guardian for the
child in a will. She should also detail all of the reasons why the child
would be better off with the chosen custodian, since the father has a
paramount (and constitutionally protected) right to carry out his role as
a parent.
One never knows whether or not the mother of the child might not die prior
to the completion of the Non-Parental Custody proceeding, at which time a
contest might take place, based upon the factors I set out in my prior
comments.
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Monday, March 24, 2014 3:22 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Guardian of minor child
Hello:
I agree with Katharine. Non-parental custody is a good first step. I
would not necessarily recommend an immediate adoption because there is
considerable time involved in getting FBI Fingerprint Checks completed
(sometimes as long as 13 weeks), then getting a Pre-Placement Report, etc.
The mother of the child might not survive that long.
The father’s willingness to agree to some sort of arrangement (custody,
guardianship or adoption) might be stronger right now while the mother of
the child is still alive, and the non-parental custody proceeding is
literally something that can be accomplished in days if both birth parents
agree to it occurring.
Once PC dies, father’s willingness might be much less, based IMHO, on two
factors. One – if he has a spouse, a significant other, or a mother (or
parents) of his own who would promise to assist him, he might feel much
more able to take on the child. But, two, and most importantly, remember
that the child becomes an economic asset after the death of the mother of
the child IF that mother has a significant enough earnings history to
trigger a decent post-death Social Security payment for the child. I have
seen cases where a previously uninterested, mostly absent, parent all of a
sudden becomes very interested and attentive because of the possible
influx of additional dollars into his/her household as a result of the
death of the other parent.
After the non-parental custody decree is entered, a move towards an
adoption can be done in a much more leisurely fashion. If the birth mom
is still alive at that point, the same sort of perhaps subtle pressures on
the father (who had promised his ex to cooperate, after all) might well
compel him to sign a Consent to Termination (which would end any child
support obligation) without much of a hassle. When the mother of the child
dies, no consent from her side of the ledger is required.
However, timing of the adoption might also be affected by the same sort of
Social Security considerations spoken about above. I am thinking that if
an adoption takes place before the mother of the child dies, any
possibility of the custodian (new parent) of the child receiving Social
Security payments for the benefit of the child would probably terminate.
As I remember things, however (PLEASE double check), I am thinking that
the Social Security for the child would not end upon an adoption taking
place after the mother of the child dies.
Good luck.
Regards,
Doug Bratt
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Monday, March 24, 2014 2:53 PM
To: probate
Subject: Re: [WSBAPT] [SPAM] Guardian of minor child
Non parental custodianship now might be an easier option under some
circumstances
On Mar 21, 2014 12:38 PM, "Ashley Raymond" <ashley at ashleyraymondlaw.com>
wrote:
I have a PC who will be dying in the near future. She has a minor child
and would like to name a guardian in her will. She claims the child's
father, who is still alive, will not contest a guardian and/or adoption of
the child. What would be the best way to handle this in the will? Should
she nominate a guardian and give an explanation of why the child should
not go to the father in her will?
And then after she passes, I am assuming the guardians would have to
petition the court and if the father was willing, he would release his
parental rights?
Ashley Raymond, J.D., LL.M.
Ashley Raymond, PLLC
651 Strander Blvd., Ste. 215
Tukwila, WA 98188
Ph: 425-496-7495 | Fax: 425-523-3984
ashley at ashleyraymondlaw.com
Website <http://ashleyraymondlaw.com> | Facebook
<http://facebook.com/ashleyraymondlaw> | Linkedin
<http://linkedin.com/in/ashleyr> | Avvo
<http://www.avvo.com/attorneys/98188-wa-ashley-raymond-1441776.html>
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