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Handling Contested Adoptions

1h 30m

Created on November 04, 2014

Intermediate

Overview

Join returning faculty member Colleen Quinn as she discusses contested adoptions and the various issues attorneys must consider in the representation of such matters. Colleen begins by reviewing the primary types of contested adoptions including birth parents objecting to adoption, adoption on grounds of abandonment, fraud or "wrongful adoption," foster parents versus Department of Social Services (DSS), Grandparent Intervention, legal malpractice, and Indian Tribe Intervention under ICWA.  With these primary types established, Ms. Quinn then discusses the associated practical considerations including cost to the parties, stress, risk, resources, evidence to be admitted, trial and trial judge as well as the importance of understanding the evidentiary and court rules.  

 

Learning Objectives:

I.     Recognize primary types of contested adoptions:

  • Birth parents objecting to adoption
  • Adoption on grounds of abandonment
  • Fraud or "wrongful adoption"
  • Foster parents versus Department of Social Services (DSS)
  • Grandparent Intervention
  • Legal malpractice
  • Indian Tribe Intervention under ICWA

II.    Understand associated practical considerations: 

  • Cost to the parties, 
  • Stress
  • Risk
  • Resources
  • Evidence to be admitted
  • Trial and trial judge 
  • Evidentiary and Court rules

III.   Know Mediation Settlement considerations 

IV.   Comprehend:

  • trial strategies,
  • trial preparation, 
  • suggested discovery
  • examination questions and other trial considerations

V.  Grasp state application using Virginia as an example

 

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