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Terms

Action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party

Ad damnum: clause of a pleading alleging amount of loss or injury

Adversary: An opponent. The defendant is the plaintiff's adversary

Class action: When different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transport company together in a class action suit. Recent class actions have occurred against tobacco companies

Comparative negligence: A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage

Contested action: an action which involves disputed issue(s) of fact or law

Corroborate: to strengthen; to add weight by additional evidence

Costs: The statutory sum awarded to the successful party when a judgment is entered.

Damages: Monetary compensation or indemnity for wrong or injury caused by the Violation of a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.

Defendant: the party being sued or the party accused of committing the offense charged

Equitable action (equity matter): an action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation

Evidence: a form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury

Fair preponderance: Level of proof in a civil action; more than half; more convincing.

Homicide the killing of one human being by another

Judgment: A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, or recite the circumstances on which it is based

Negligence: conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm

Sanction: a penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also, an authorization

Voluntary manslaughter: Manslaughter resulting from an intentional act done without malice or premeditation and while in the heat of passion or on sudden provocation

Adoption a death that results from a wrongful act or from negligence; a death that can serve as the basis for a civil action for damages on behalf of the dead person's family or heirs

You love your husband or wife. You also love his or her child. If you are a step-parent or domestic partner who would like to adopt the child or children of your spouse or significant other, you need competent and caring legal help. We stand ready to help.

A private adoption can seem overwhelming, with a myriad of forms and attachments required with the initial filing. And, if the natural parent does not consent to the adoption, a hearing may be required to determine if the adoption can proceed anyway, even without that person's consent. From the initial filing to the homestudy performed by a social worker, to that happy day when the Family Court judge provides you with a Certificate of Adoption, attorney Jack I Hyatt will effectively guide you through the private adoption process.

The adoption law practice of the Law Offices of Jack I. Hyatt ranges from representing clients in uncontested adoptions, where the natural parent consents to the termination of his or her parental rights, to contested adoptions in which such consent is withheld. Should the biological parent wish to remain a child's parent after being served with the adoption petition, a case for termination of parental rights must be made. There are several grounds for terminating a parent's rights including abandonment, failure to support the child, and failure to communicate with the child. In the event that you must pursue a contested adoption, Jack I. Hyatt will provide the aggressive and thorough representation needed.

TYPES OF CHILD ADOPTION

There are many different kinds of child adoption. The primary distinctions are between private or agency child adoption, open or closed child adoption, and domestic or international child adoption.

Private and Agency Child Adoption

A private child adoption is arranged through an individual (often a lawyer or a physician) or referral service. This kind of child adoption is extremely risky. Without a licensed child adoption agency supervising the process, adoption can be a nightmare. When you read a horror story in the news, it is most likely a private child adoption. Based on almost 40 years of experience and after helping hundreds of adopting families get out of horrible situations, I very strongly recommend you proceed only with a licensed child adoption agency.

An agency child adoption is arranged through a child adoption agency, such as Adoption Services. The most important factor in selecting an agency is that they have met the requirements of your state and are fully licensed to provide you with a full range of professional services. To check if an agency or organization is licensed, contact them and ask for their license number and the phone number of the licensing authority. Then call the authority and confirm that the information given to you is correct.

Open and Closed Child Adoption

In a closed child adoption, the birth parents and adopting family are anonymous. While many details may be shared, no identifying information (such as last name, addresses, social security numbers, etc.) is exchanged. The birth parents and adopting family can meet, share pictures and updates, and have ongoing contact through the agency, but they do not share last names and addresses.

In an open child adoption the biological and adopting parents exchange identifying information and are then able, if they so choose, to be in contact with one another directly.

Whether an adoption is open or closed will depend on what you want, what your state allows, and what agency you select. Adoption Services has experience with both types of adoptions and is here to help you determine the best choice for you.

Intrastate, Interstate, and International Child Adoption

In an intrastate child adoption, the birth parent and adopting family live in the same state. In an interstate child adoption, the birth parent and adopting family live in different states. In an international child adoption, the birth parent and adopting family live in different countries.

The distinction among these three types of adoption is very important since each type of adoption requires a different set of legal requirements. An intrastate adoption must meet the requirements of only one state. An interstate adoption must meet the requirements of at least two states as well as something called the Interstate Compact Act. An international adoption must meet the requirements of the state, US and foreign governments, and the Hague Convention.

Adoption Services has extensive experience with open and closed child adoption as well as variations of these two. We also have extensive experience in intrastate, interstate and international child adoption. We are here to help you determine the best choice for you, and then to help implement your choices in a way that will eliminate problems and concerns.

Closed Adoption: Advantages for Birth Parents

The closed adoption experience is different for each person; however here is a list of potential advantages that you might encounter with a closed adoption:

Sense of closure- Some birthmothers and birth families report that having a closed adoption provides a sense of closure and enables them to move on with life.

Privacy- Placing a child for adoption is an extremely sensitive and vulnerable choice. Having a closed adoption creates an opportunity for a stronger sense of privacy.

Reduced fear- Some birthmothers are concerned about explaining their choice and a closed adoption serves as a way to prevent them from a confrontation with a child placed for adoption. Closed Adoption: Advantages for Adoptive Family

The closed adoption experience is different for every family; however here is a list of potential advantages that you might encounter with a closed adoption:

Family Freedom- If the birth families are not involved, the adoptive family is free to have their family time without restraints of visitations and on-going communication.

Absence of fuzzy boundaries- There is no danger or risk of birth parent interference or co-parenting concerns. Closed Adoption: Advantages for the Adopted Child The closed adoption experience is different for every child; however here is a list of potential advantages that an adopted child might encounter with a closed adoption:

Absence of fuzzy boundaries- There is no danger or risk of birth parent interference or co-parenting concerns. Protection from unstable birth families- A closed adoption protects the adopted child from an unstable or emotionally disturbed birth parent or birth family member.

The closed adoption is a different experience for each adoption. The most important thing for all parties involved in the adoption process is communication. The more communication about wishes, desires, expectations, etc., the more comfortable each party will be in the adoption process. In a closed adoption, this communication takes place through the adoption agency or adoption attorney.