Out Of State Custody Agreement Examples

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Out-of-State custody agreements are similar to a state’s Divorce but have more restrictions and are granted by courts. Many lawyers handle out-of-State Adoption and Child Custody cases and are familiar with how to handle them.

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Typically, these agreements are granted to the child when the parents come from another state and have not lived together. They are often granted by parents who have divorced and separated before seeking an adoption. Sometimes, there is disagreement over who is the primary caregiver for the child. In this situation, a court may grant the primary caregiver of the child custody.

A state custody agreement may include provisions to give the primary caregiver of the child exclusive custody or joint custody if the parents agree. Most often, however, in-state adoptions, the child will remain in the home of one parent unless it can be demonstrated that both parents have custody.

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If the child is adopted by an individual who has no legal rights to the child, the court will often award sole custody or primary caregiver custody to the adoptive parent. In a situation where the child was abused, the court may order the adapter to take responsibility for the child’s care.

The requirements to be granted sole custody are typically more stringent than those required of non-custodial parents. For example, the adoptee must be a citizen of the United States, must not have been convicted of a felony or found guilty of a misdemeanor, must not have been previously married, and must not have had any active restraining orders against him/her in the past five years.

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Most states also require the adopter to get court approval before they can adopt the child and will often deny a petition unless the parents can prove that they are the primary caregivers of the child. The adoptive parents may also have to pay court costs and attorney fees if the adopted twins.

While not a child itself, many families prefer to adopt an out-of-state child rather than have their child in the family. Children in these situations usually need a lot of love and attention and require both the physical and emotional needs of their biological parents. They also are often healthier in the adoptive family than they are in their biological families.

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