|
|
The Diligent Adoption Search is a search required by many states before parental rights can be terminated and a child can be adopted without the consent of one or both parents. This is similar to searches used in estate cases where you are required to find a missing heir or show that a diligent search was conducted and the individual cannot be located.
By far and away the quickest method for an individual or attorney to be sued is to have an adoption go bad. This typically takes place when one of the childs parents cannot be located and the attorney serves the missing parent by publication. The child is adopted and later the delinquent parent shows up knocking on the door, claiming that he would have been easy to locate if only someone had taken the time to search for him. The missing father now wants custody of his child who has brand new parents. The attorney is sued by the client; the new parents are in a legal mess and in a less than desirable emotional state of mind.
What's the Law?
Laws vary by state. Florida statues can be found under Title VI, Civil Practice and Procedures, Chapter 63, Adoption, 63.088 Proceeding to terminate parental rights pending adoption; notice and service, diligent search. Here is a direct link to the Florida Statute pertaining to the diligent search:
Using Florida Laws (identified below) as a guideline since many states have similar statues, the following set of steps should satisfy most state laws.
The Law Requires:
The persons current address, or any previous address, through an inquiry of the United States Postal Service through the Freedom of Information Act.
The last known employment of the person, including the name and address of the persons employer.
Names and addresses of relatives to the extent such can be reasonably obtained from the petitioner or other sources, contacts with those relatives, and inquiry as to the persons last known address. The petitioner shall pursue any leads of any addresses to which the person might have moved.
Information as to whether or not the person might have died and, if so, the date and location.
Telephone listings in the area where the person last resided.
Inquires of law enforcement agencies where the person last resided.
Searching highway patrol in the state where the person resided.
Searching Department of Corrections records in the state where the person last resided.
A search of hospitals in the area where the person last resided.
Records search of utility companies, including water, sewer, cable television, and electric companies where the person last resided.
A search of records of the armed forces of the United States as to whether there is any information as the the subject currently serving in the armed forces.
Records search of the tax assessor and tax collector in the area where the person last resided.
Search of one Internet databank locator service.
To obtain more detailed information concerning a due diligence adoption related, or other due diligence matters, please contact us today..
|
|
|
|
|
|