Frequently asked questions.

For a genuinely simple, uncontested stepparent adoption in California, some families do file themselves. Where a lawyer earns their fee is in the parts that are easy to get wrong and expensive to fix: whose consent is required, whether a consent is valid, who must receive notice, whether the ICPC applies and whether ICWA applies. A decree entered on defective consent or notice can be challenged years later.

We confirm there is no conflict, listen to your situation, identify which legal route applies, explain what the law requires, flag the risks, and give you a written summary with an estimated timeline and fee. There is no charge and no obligation.

We appear in Los Angeles County and the surrounding counties of California, and we regularly act as local counsel for out-of-state firms and agencies on interstate placements. Where a matter belongs in another state we will help you find counsel there.

Yes, and you should. Nothing you say in a consultation obliges you to hire us, and we will not chase you afterwards.

No. In California, marriage is not required to adopt, but a married person who is not lawfully separated must have their spouse’s consent (Cal. Fam. Code § 8603); a stepparent adoption requires marriage or a registered domestic partnership.

There is usually a minimum age and sometimes a minimum age gap between adoptive parent and child. California requirement: the adoptive parent must be at least 10 years older than the child, though the court may waive this for a stepparent, sibling, aunt, uncle or first cousin where it is in the best interest of the parties (Cal. Fam. Code § 8601). There is generally no upper limit, though a home study will consider health and life expectancy.

Renting, no. A conviction, not automatically — but certain offences are absolute bars and others are weighed in the home study. Disclose everything early; a disclosed problem is manageable, a discovered one rarely is.

Typically two to four months from application to approved report, depending mostly on how quickly you return documents and how busy your provider is.

The Interstate Compact on the Placement of Children. If a child is placed across state lines, both states must approve before the child can travel. Expect 7–14 business days of waiting, usually spent in the sending state.

Yes, an amended certificate naming you as parents. The original is sealed subject to California’s access rules: the original records are released only by order of the superior court on good and compelling cause; a petition by an adult adoptee is given great weight, but the decision remains the court’s (Cal. Health & Safety Code § 102705).

Yes, where California permits those fees to be paid by the adoptive family or the agency. You are entitled to your own lawyer, not theirs.

California sets both. Earliest signing: the birth mother has been discharged from the hospital, in an independent adoption (Cal. Fam. Code § 8801.3). Revocation: 30 days from signing, after which the consent becomes permanent — unless the birth parent signs a waiver of that right before an agency representative, or before a judicial officer or adoption service provider while represented by independent counsel, in which case it is final at once (Cal. Fam. Code § 8814.5). In an agency adoption, a relinquishment becomes final 10 business days after the Department of Social Services receives it (Cal. Fam. Code § 8700). These two dates matter more than anything else in the process.

Often, through a post-adoption contact agreement. Whether it is enforceable in California is a separate question: yes, if the court approved the agreement — but enforcement first requires a good-faith attempt at mediation, and a breach can never undo the adoption (Cal. Fam. Code § 8616.5).

By the child’s best interests, assessed against the statutory factors in California. Courts look at stability, each parent’s involvement, the child’s needs and relationships, any history of abuse, and the practicalities of each proposal.

Not unilaterally, if there is an existing order or a pending case. Relocation usually requires notice and either agreement or court permission. Moving first and asking later is the most damaging thing a parent can do to their own case.

Yes, on a substantial change in circumstances — income, custody arrangements, a child’s needs. Support does not adjust itself; you must file.

Enforcement and contempt proceedings are available, and courts can order make-up parenting time, fees and other remedies. Document everything and do not retaliate by withholding support or access.

One named attorney owns your matter from consultation to decree, supported by a paralegal and, on adoption files, a coordinator. You are told who they are on day one.

A written update every 14 days while your matter is active, plus contact at every decision point. Calls are returned within 24 business hours on business days.

Through our encrypted client portal. Please do not email medical records, financial statements or identity documents as ordinary attachments.

Tell us early and directly — Managing Partner John Prescott, Esq. directly at contact@prescottsfamilylaw.com. Most concerns are about communication and are quickly fixed. You also have the right to complain to the State Bar of California.