I recently spoke at a continuing legal education seminar sponsored by the Missouri Bar on the subject of adoptions. Adoptions are yet another mechanism of establishing custody for children, even though many people do not think of adoptions as child custody cases. There were numerous issues discussed regarding adoptions given that the audience was lawyers. This particular seminar dealt with adoptions involving the Missouri Department of Social Services through Children’s Division, or another of its contracting agencies such as Every Child’s Hope or Great Circle.
One of topics of discussion involved proceeding with an adoption without having first terminated the parental rights of the biological parents. While this process is available under Missouri law, apparently not every county in Missouri makes a practice of allowing an adoption to proceed without having first obtained a judgment terminating the parents’ rights.
Chapter 453 of the Revised Statutes of Missouri specifies that “A decree of adoption for a minor child makes the child, also known as the ‘adoptee,’ the child of the petitioner(s) for all legal intents and purposes.” §453.080.3 RSMo. Consent of a parent is not required to an adoption when a parent has abandoned a child. Therefore, an adoption can proceed on grounds of abandonment even without a TPR Judgment or signed consents to the adoption.
The adoption itself is the termination of parental rights. But, the right circumstances must also exist to proceed with an adoption in this manner. Have the biological parents had any contact with the child? How long has the child gone without any contact from the parents? If the parents have had some contract, but the contact is inconsistent and infrequent, does the limited contact still meet the criteria for abandonment? Abandonment is based upon the factual circumstances that exist in each case.
At the adoption hearing, evidence will have to be presented in support of the abandonment. The caseworker can usually supply sufficient testimony for the court to find abandonment, but I also proffer evidence through my client’s testimony.
For more information regarding adoptions, please contact me at shamblin@brydonlaw.com or (573) 821-4013.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
My husband and I hired Mr Hamblin for a criminal matter that happen to me by accident I had some issues that happen and I have never been in any trouble. However I did some research on criminal defense attorneys and Mr. Hamblin named appeared. I did some research on him and found that he use to be a prosecuting attorney. Any way making a long story short we hired Mr . Hamblin for my defense lawyer,he did not judge me for what had happened, he provided me with straight foward answers and he knew the law very well I…
Scott did an excellent job. He was available as needed and always listened. He responded quickly to e-mails or phone calls. He didn't just "tell me what to do." Instead, he listened to my input and helped me make informed decisions. I always felt as though he had time for me as a client.
Scott is very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Childrens Division. When he became the adoption lawyer for Cole Couuty Childrens Division in 2007 my husband and I was one of the first to use him to become adoptive parents to our then two year old foster son. Our son just turned 13 years old this year. In 2013, he represented my husband and I to get guardianship for our foster daughter. We are beyond blessed to have such a great guy like Scott to represent…
Exceptional to work with, easy to talk to and extremely efficient. We have used Scott on two major issues now and have walked away both times more than satisfied. If someone has a significant legal issue pressing, Scott Hamblin, without question is who they need representing them.
I have used Scott Hamblin as my attorney for several different issues. He did a great job. Should you need a lawyer, Scott is an excellent choice.
Scott was knowledgeable of the law and provided support and honest counsel as my divorce attorney. I would highly recommend him to others.
Scott is a great lawyer, will do what he says! He will work his tail off for you. It was a long 2 year divorce, but I am so glad he was representing me. Very fair and doesn't over charge for his services. I can now say he is my friend, not only my attorney.
Scott represented me on a matter that was small, but very important to me. Scott was professional, honest and informative every step of the way. Even though my case was a small one, I never felt any less than his most important client whenever we met or had court appearances. I am absolutely certain that I could not have achieved a better outcome unrepresented or with any other attorney.
Scott Hamblin is a no-nonsense, very knowledgeable attorney who is dedicated to helping his clients understand their options. Scott will go the extra mile for his clients to make sure they are taken care of, and informed. He is our family's "go-to" attorney and we highly recommend him.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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