If you are a parent in the LGBTQ community or planning to be it is beneficial and, in many states, crucial to look into obtain second parent guardianship. As I explained in my previous post, second parent guardianship gives legal recognition and protection to non-biological or non-adoptive parents. In this post today, I will walk you through the general process of obtaining second parent guardianship.
Steps to Obtaining Second Parent Guardianship
1. Research Local Laws:
Before beginning your journey of establishing second parent guardianship, it is imperative that you are familiar with your local laws and regulations specific to your jurisdiction. Gain an understanding of the legal requirements and procedures involved as they can vary from place to place.
2. Consult an Attorney:
The next step is to reach out to a family law attorney who is experienced in LGBTQ+ issues and parental rights. An attorney can provide guidance through the the process and ensure you understand all the legal options available to you.
3. Understand Legal Options:
Depending on your jurisdiction and local laws, different legal options may be available for establishing second parent guardianship. These options can include adoption, co-parent adoption, or obtaining a second parent guardianship order. Your attorney will explain these different options to you and help decide which option is best for you based on your individual circumstances.
4. Gather Necessary Documents:
Prepare the required documentation in accordance with the legal process. This will usually include identification documents, proof of residence, and any relevant legal papers. Your attorney will provide you with a list of the required documentation you will need as it may be different from jurisdiction to jurisdiction.
5. File the Necessary Paperwork:
Working closely with your attorney, complete and file the appropriate legal forms with the court. The specific forms and procedures can vary as I have mentioned, but generally this involves submitting a petition or application for second parent guardianship. Ensure that you follow the correct filing procedures and meet any deadlines.
6. Attend Court Hearings:
Be prepared to attend court hearings as part of the process to obtaining second parent guardianship. Your attorney will guide you through the proceedings and represent you and your interests in court. These hearings provide an opportunity to present your case and demonstrate your commitment to your child's well-being.
7. Provide Supporting Evidence:
In some instances, you may need to provide supporting evidence to strengthen your case for second parent guardianship. This evidence can include documentation of your relationship with your child, financial support, and active involvement in their upbringing. Your attorney will advise you on the specific evidence that will strengthen your case.
8. Follow Court Orders:
If the court grants the second parent guardianship, it is essential to comply with any court-ordered conditions and responsibilities. These may include financial obligations, visitation arrangements, or other legal requirements. Adhering to these orders ensures that you maintain the legal protections and rights associated with second parent guardianship.
Conclusion
In all honesty, I had some difficulty writing this post because I feel as though this process demeans any non-biological parent. It frustrates me that my wife, who's name is on our daughter's birth certificate, who was there every single appointment leading to our daughter's conception, who our daughter reaches for more than any other person has to stand in a court and plead her case to be recognized as our daughter's mother. But until same-sex parents are provided the same rights as heterosexual parents, second parent guardianship provides necessary protection and legal recognition for all LGBTQ+ families. By conducting thorough research, seeking legal advice, and following the necessary steps, you can navigate this process with confidence. Remember to consult with an experienced attorney in family law and LGBTQ+ issues, as they will provide invaluable guidance throughout the journey.
References
“confirmatory” or second-parent adoption: What you need to know. Family Equality. (2020a, November 30). https://www.familyequality.org/resources/confirmatory-adoption/
Court jurisdiction and venue for adoption petitions. Child Welfare Information Gateway. (n.d.). https://www.childwelfare.gov/topics/adoption/adoptive/family-type/second-parent/
Legal recognition of LGBT families 2020 06 03 - National Center for ... (n.d.). https://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf
Shockey, E. (n.d.). Second parent adoptions in the Gay Community. Westchester County Family Law Lawyer. https://www.christinekleinlaw.com/second-parent-adoptions-in-the-gay-community.html
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