November is National Adoption Month. According to several surveys, more than one-third of Americans have considered adopting a child, but only about 2 percent of Americans have actually adopted a child. There are a number of reasons why people consider adoption, but don't follow through on it. These include the cost of adoption, the lack of adoptable children or children who fit specific age/gender/racial parameters, the time is takes to complete an adoption, and administrative hurdles that must be completed prior to adopting a child.

One of the biggest sources of adoptable children is the U.S. foster care system. According to the U.S. Department of Health & Human Services' Children's Bureau, in 2007 (the most recent year for which data is available) approximately 783,000 children were in foster care in the United States, more than 130,000 of those children were waiting to be adopted, but only 51,000 were actually adopted during the year.

Many prospective parents don't consider kids in foster care because they may be older, be a racial minority or be part of a group of siblings. Prospective parents may also be concerned about potential health or behavioral problems, or fear that biological parents may attempt to regain custody.

These concerns are all valid, but if you are considering adoption, it's still worthwhile to investigate adopting a child from foster care because you may find a child who's the perfect addition to your family.

As a foster parent who is considering adoption, or a prospective parent considering the adoption of a child in foster care, here are some legal issues to be aware of.

Several key factors differentiate foster child adoptions from traditional adoptions.

Foster care adoptions are usually handled by state agencies, though the state may outsource responsibilities to a private agency. Also, foster care adoptions cost significantly less than traditional adoptions, or may even be free. If the child is considered a "special needs" child, subsidies may be available. (Special needs children include those who are minorities; have siblings who also need adopting; were exposed to drugs or alcohol before they were born; are older than 5; or have mental, physical or emotional problems.) In addition, you may qualify for a federal adoption tax credit.

There are several ways in which prospective parents can adopt foster children. Prospective parents can:

• Adopt a child or group of siblings whose parents have already relinquished their parental rights or had those rights terminated.
• Take in a foster child whose biological parents still have rights. The foster parents agree, in advance, to adopt the child if he or she isn't reunited with the parents or placed with another biological family member. This type of adoption is called "concurrent planning" because multiple avenues of resolution are being pursued simultaneously.
• Adopt a child who was placed with you as a foster child, but whom you didn't originally intend to adopt.

Federal laws allow for parents to deduct certain expenses incurred during adoption. Parents are subject to certain income limits, but if they are eligible, the Tax Code allows for the following:

• Credit is given for qualifying expenses, which include adoption fees, attorney costs, court costs and travel expenses
• Credit is subtracted from your total tax liability
• Credits may be taken in the year following the year in which expenses are incurred, or the current year in which the adoption becomes final
• You may not take a credit for adoption expenses that were reimbursed by your employer, but reimbursed expenses may be excluded from your gross income
• The adopted child must be under 18, or physically and/or mentally unable to care for himself; and
• The adoption of a child with special needs may allow you to deduct more qualified adoption expenses.

Related Links:

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It's hard to believe that it's been more than two months since Michael Jackson died, particularly since the news stories are still coming fast and furious about all aspects of his life, his death and his children.

When Katherine Jackson, Michael's mother, was granted permanent custody of her three grandchildren, it spotlighted a situation that's become increasing common. More and more grandparents have custody of their grandchildren.

The case with Michael Jackson's kids is interesting because their biological mother is alive. If someone is a fit parent--they're alive, willing and able to care for their child--then courts usually want to grant custody to that parent. A grandparent usually has no legal right to custody if the child's parents are fit, nor would a court award custody to grandparents just because they would be better custodians of their grandchild.

Given that Katherine Jackson was awarded full custody of her grandchildren without a protracted court battle, it's safe to assume that the children's biological mother voluntarily decided to give up her custody rights. From a legal perspective, when the custodial parent dies, then custody of the child automatically goes to the non-custodial parent, unless he or she has been found to be unfit. Even in states that allow grandparents to seek custody of a grandchild who is not in the custody of a parent, the mere presence of the child with the grandparents at the time of the custodial parent's death does not add to the grandparents' rights.

Now that Michael Jackson's children have been placed with their grandmother, if their biological mother wanted to regain custody, she would have to show that the change is in the best interests of the children and show a change in circumstances sufficient for a change of custody.

The US Census Bureau says that 9 percent of all children in the United States live with at least one grandparent. Of those children who live with grandparents, 77 percent also have a parent living in the house with them, but in 23 percent of the cases, the parent is absent. If a child has lived with his or her grandparents for an extended period of time, the grandparents may have a strong claim to custody because their grandchildren may view them as parents.

The laws relating to grandparents and custody vary from state to state. For example, in Texas, a grandparent can only seek custody of a child if the parent with custody has voluntarily given up possession of the child. In New York, a grandparent cannot seek custody of a grandchild if the parents voluntarily give up their parental rights and the grandchild is made available for adoption.

When you become a grandparent, you'd probably never expect to have to go to court to request custody or visitation rights to your grandchild. However, it's becoming increasingly frequent.

Traditionally, courts used to only grant visitation rights to a child's parents. Today, the laws have changed. Currently, most state laws give visitation rights to grandparents if it is in the child's best interest to maintain an established relationship.

Various circumstances will give grandparents the right to request visitation. In most states, the general rule is that visitation will not be granted in an ongoing, intact marriage. Two common circumstances that permit grandparents to request visitation are the death of a parent and the parents' divorce. In adoption cases, some states allow visitation following adoption, but other states say that grandparents' rights are terminated by the adoption.

Custody and visitation issues can be very complex. If you are a grandparent who is seeking custody or visitation rights, it makes sense to talk to an attorney with child-custody experience in the state where your grandchild lives.

Related Links:

• Learn more about child custody issues on Lawyers.com
• Discuss your issues on the Lawyers.com child custody and visitation forum
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We've all heard about nasty divorces. Maybe a family member, friend or co-worker got caught up in one. Or maybe your own divorce turned bitter, where every little detail became a prolonged negotiation, where each party was geared up for a battle--and got it. The worst of these divorces is when even the kids become pawns in their parents' fight.

July is National Child-Centered Divorce Month. It's a time to recognize that when a marriage ends, and when minor children are involved, parents should put aside their differences to focus first on their kids, and what's in the kids' best interests. This isn't the time to be vindictive. A prolonged child custody fight doesn't help children who are already dealing with the emotional turmoil of their parents' failed marriage.

At its core, a custody dispute attempts to answer the question, "What custody arrangements will best serve the interests of the child?" This requires a case-by-case examination of the child's needs and the advantages presented by those seeking custody.

Most custody disputes involve a mother and father during or after a divorce. Others, like the custody case for Michael Jackson's children, involve a third party (usually a relative) who is seeking custody after a parent dies or is incapacitated. The courts start with a presumption that parents are in the best position to look out for the welfare of their own child. This presumption can be overcome by establishing that a parent is not fit or able to best care for the child. In making these determinations, the courts look to various factors, established by state statute or case law.

If you're trying to have a child-centered divorce, you should ask yourself, "What's in the best interests of my children?" Don't think about it as a popularity contest, or a situation where one parent "wins" and another "loses."

Among the factors to consider:

• Which parent is the most suitable custodian based on character, temperament and stability?
• What is the child's relationship with each parent?
• What is the educational level of each parent?
• What child-rearing skills does each parent possess?
• Does either parent have an illness that may harm the child?
• Which parent will provide the best home environment?
• Does the child have stronger emotional ties to one or the other parent?
• Does the child have special needs that can be better met by one parent over the other?
• With whom has the child been living on a regular basis?
• What type of extended family relationships exist?
• What is the employment status of each parent?
• What is the financial status of each parent?
• What is each parent's motive for seeking custody?
• Is either parent unfit to have custody?
• Which parent is the most likely to allow the child to continue his or her relationship with the other parent and extended family?

In making a custody decision, the court may also look at where each parent lives, the local school system or a parent's other relationships. While being unfit to have custody is an automatic disqualifier, the remaining factors do not all carry the same weight. A parent seeking custody cannot just look at all the factors put a check mark in each column where it weighs more in favor of one than the other, then total up the scores. Judges give different weight to each factor in each case.

If you and your spouse can give the judge honest and candid answers to each of these questions, it will help resolve the child custody issues in a timely manner, without animosity or ill-will that your kids are sure to pick up on.

Some states have lists of statutory or case law factors that must be considered by a judge in making a decision. Before determining custody, the judge will look at some or all of the following non-exclusive factors by focusing on the child, rather than the parent:

Here also, no one factor provides a final resolution. It should be noted that factors that do not affect the relationship between the child and the person seeking custody are not to be considered.

While some states require a judge to address each statutory factor in making a decision, others permit a judge to just state that he has considered all the factors. In almost all cases, the judge will explain which factors weighed the heaviest and the basis for the decision as to who will have custody.

To assure that a custody dispute does not become a custody battle, it is best if the parties can reach an amicable agreement, by employing an objective review of the same factors.

Related Links:

• Read more about child custody issues on Lawyers.com
• Discuss your child custody issues on our forums
• Lawyers.com Suggested Legal Books

June is Gay Pride Month. It's noteworthy, but entirely coincidental, that same-sex marriage laws have made a lot of news headlines in recent weeks as several states have legalized gay marriage and another state has affirmed its ban on gay marriage.

If you haven't been following the story, here's a update about what's happened in 2009.

Several states have taken steps to legalize gay unions or give same-sex couples additional rights, but stopping short of recognizing same-sex marriages.

• Colorado: Unregistered cohabitation will be recognized as of July 1
• Iowa: Same-sex marriage has been legal as of April 27
• Maine: Same-sex marriage will be legal as of Sept. 14
• Nevada: Domestic partnerships will be recognized as of Oct. 1
• New Hampshire: Same-sex marriage will be legal as of January 1, 2010
• Vermont: Same-sex marriage will be legal as of Sept. 1
• Washington State: Expanded domestic partnership rights will be offered as of July 26, but opponents are trying to add a referendum to the November ballot that would roll back these rights

Prior to this year, same-sex marriage was already legal in Connecticut, Massachusetts and, for several months in 2008, in California. In addition, legal unions, which offer varying rights and responsibilities, have been permitted in New Jersey, Hawaii, Maryland, Oregon, and the District of Columbia.

California, which many people think of as a state full of liberals, has actually been the center of a lengthy battle over gay marriage--a battle that opponents are currently winning.

In 2008, California's State Supreme Court issued a ruling that legalized same-sex marriages. After an expensive publicity campaign by both opponents and proponents of gay marriage, California voters passed an amendment in November that again outlawed same-sex marriage. Several groups challenged the constitutionality of that amendment, known as Proposition 8. On May 26, the California Supreme Court upheld Proposition 8 as legal, but ruled that same-sex marriages that occurred between June 16 and Nov. 5, 2008, are still valid. It appears that the battle over same-sex marriage will continue in California because several federal court cases over the matter are still pending.

The United States is not the only nation grappling with the legal and ethical issues surrounding same-sex marriage.

In 2009, Hungary, Japan, Norway and Sweden all took steps to legally recognize gay unions.

Prior to 2009, same-sex marriages were already legal in:

• Belgium
• Canada
• The Netherlands
• South Africa
• Spain

In addition, these marriages are legally recognized, but not performed, in:

• Dutch Aruba
• Israel
• Netherlands Antilles

Civil unions and registered partnerships are legal in:

Related Links:

• Learn more about domestic partnership registration and benefits on Lawyers.com
• Read about same-sex parenting
• Discuss your issue on our Family Law forum
• Lawyers.com Suggested Legal Books

I come from a family that likes to travel. But anyone who travels regularly will probably agree that it's become more of an ordeal in recent years. Security screening leads to the longer lines. Airlines are adding junk fees to boost their revenue. Ever-changing rules cause confusion among both seasoned travelers and the infrequent flier.

If you travel with kids, there's an additional layer of bureaucracy to deal with. In an effort to reduce the risks of child abduction, children who travel without both parents are subject to extra scrutiny.

When your kids are going on a cruise with their grandparents, your ex is taking them to visit family in Mexico, or your spouse and kids are meeting you in Europe, you'll need some paperwork to prove to authorities that the children have both parents' permission to travel.

Most of these rules apply only to international travel, but it doesn't hurt to take the same precautions when traveling domestically.

The most commonly used document is a consent letter signed by the non-traveling parent(s) that gives permission for the child to travel alone, with one parent, with other relatives or with other adults. The consent letter should include:

• The child's name and birth date
• The name(s) of the adults with whom the child is traveling
• The specific details of the trip, if the letter is only being used for one trip
• An expiration date, if the parents only want to give limited permission for the child to travel
• The full names, address and phone number of the parent(s) who are not traveling
• The notarized signature of the parent(s) who are giving permission for the child to travel

If you are traveling to a country where English is not the native language, consider carrying a translated, notarized copy of the consent letter.

If children are traveling with just one parent, the parent should travel with:

• A notarized travel consent letter
• Copies of the legal custody agreement if the parents are divorced, the death certificate if one parent has died or the birth certificate that shows only one parent's name
• If your child has a different last name than you, also carry a copy of the child's birth certificate to prove you are the parent

If you are not a child's legal parent or guardian, but are chaperoning a child on a trip, consider taking:

• A notarized travel consent letter from both parents
• Copies of the child's health insurance information and any pertinent medical information
• A letter authorizing you to seek and approve medical treatment on behalf of the child

Minor children traveling alone across borders should also have a notarized consent letter from their parents authorizing the travel.

The U.S. Transportation Security Administration only requires airline passengers aged 18 and older to supply a picture ID before boarding domestic flights. If your younger child has a state or federally issued ID, carrying it may enable you to pass through security more quickly.

Passports are required for all children and adults, regardless of age, when traveling internationally. When applying for a passport for a child under the age of 16, both parents or legal guardians must sign the application. If both parents are unable to sign the application, the applying parent must show evidence that he or she has sole custody or has the consent of the other parent.

Before taking any international trip with your children, you should also review the U.S. State Department's list of country-specific travel requirements.

Security or immigration officials may question your child to verify their identity or make sure that travel consent documents are accurate. While some parents might get offended by this, understand that the authorities are trying to prevent child abduction.

Related Links:

• Learn more about travel insurance on Lawyers.com
• Learn more about travel scams
• Lawyers.com Suggested Legal Books