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Family Law Newsletters

Adoption and Safe Families Act - Termination of Parental Rights

The Adoption and Safe Families Act (ASFA) requires a state to file a petition to terminate a parent's parental rights to a child if:

Domestic Violence and Custody Issues

Domestic violence is conduct perpetrated by a spouse, family member, or any other person residing in the household. The State does not get involved in domestic violence issues unless the abuser has violated a criminal statute such as assault or battery. Violent events in the household constitute domestic violence if the victim is a family member or lives with the abuser.

International Adoption - Requirements for Adoptive Parents

Under United States law, a married U.S. citizen and his spouse may adopt a child from a foreign country. If the spouse is not a U.S. citizen, the spouse must be a legal immigrant in the U.S. An unmarried person may adopt a child from a foreign country if the person is at least 25 years old.

Misuse of Adoption Affecting Economic Rights

Courts generally prohibit parties from using the adoption process to achieve purposes that would have a detrimental economic effect on the children involved. An attempt by a birth parent to adopt his or her own children for the purpose of terminating the other birth parent's relationship with the children is a misuse of adoption. Also, an agreement to release birth parents from support obligations in exchange for their consent to an adoption is a misuse of adoption.

Tax Considerations Relating to Child Support

For federal income tax purposes, payments of child support are not tax-deductible by the parent who makes the payments but child support is tax-free to the recipient. In order to qualify as child support, the amounts an ex-spouse receives must be designated as child support in the divorce or separation agreement. None of a payment that is lumped together as either family support or alimony is considered child support for tax purposes. In addition, family support or alimony is taxable to the recipient.