Prospective Adoptive Parent Representation

What is a Prospective Adoptive Parent?

The juvenile dependency court can name a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process.

Are There Benefits to Being a Prospective Adoptive Parent?

Yes. If you are granted Prospective Adoptive Parent status, a foster child cannot be removed from your home without a Juvenile Court hearing, and the Department of Health and Human Services has the burden of proving that the proposed move is in the best interest of the child.

Does Becoming a Prospective Adoptive Parent Make Me a Party?

Not necessarily, as when a person is designated as a prospective adoptive parent, that person is not a party to the dependency proceedings. They also do not have standing to object to any department or agency decision other than removal of the child from their home UNLESS the person was recognized as a De Facto Parent before being noticed by the Department of removal of the child.

For more information see our link to De Facto Parent status.


Contact Us For A Consultation

We understand the emotional nature of family law legal matters and the importance of trust in the family
law attorney client relationship. The advice of a good family law attorney
will help you get through this difficult time in your life.