Custody and Adoption

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Guardianship and adoption are the two primary legal instruments designed to ensure the well-being of children who are unable to grow up with their biological parents. These are not only legal mechanisms but also significant social commitments that help create a safe and stable environment for the child.

Guardianship is established for children whose parents are unable or unwilling to raise them. Depending on the circumstances and the child’s best interests, guardianship may be either temporary or permanent. A guardian assumes responsibility for the child’s daily care, education, and welfare, while the legal ties between the child and the biological parents remain intact. If you are seeking to obtain guardianship or clarify the terms of temporary or permanent guardianship, professional legal support is essential.

Adoption is a legal process through which a child becomes a full member of a new family. Adoptive parents acquire all parental rights and obligations, providing the child with long-term stability and familial integration. Unlike guardianship, adoption is irrevocable and establishes legal rights identical to those of biological parenthood. If you are considering stepparent adoption or other forms of adoption, it is critical to evaluate both legal and practical implications.

There is also adult guardianship, which applies when caring for a person who is legally incapacitated or with limited legal capacity. In such cases, the guardian assumes responsibility for daily decisions, care, and protection of the individual’s rights, aiming to secure their well-being. Matters such as obtaining guardianship of an elderly person or a legally incapacitated individual can be complex and require dedicated legal guidance.

Our firm provides comprehensive legal support in all matters related to guardianship and adoption. We assist with document preparation and represent clients throughout the legal process.

  • Consultations on establishing temporary and permanent guardianship.
  • Preparation of documents for appointing guardianship for an adult.
  • Spouse’s child adoption procedures.
  • Legal assistance in resolving guardianship and adoption disputes.

Child custody

Child custody is established when parents, due to various circumstances, are unable to care for their child. Custody may be either temporary—when it is anticipated that parents will regain the ability to care for the child—or permanent, in cases where the child is indefinitely deprived of parental care. Custody ensures the child’s stability, adequate living conditions, and the right to grow up in a safe and supportive environment.

For individuals considering how to obtain custody of a child, the first step involves contacting the relevant authorities who assess the prospective guardian’s suitability. Priority in custody matters is typically given to close relatives. However, if relatives are unable or unwilling to assume guardianship, other qualified individuals may be appointed. In all custody decisions, the child’s best interests are paramount, including the existing bond with potential guardians, the stability of living conditions, and the emotional environment.

Custody appointments are confirmed by court order. The court evaluates several factors, including the guardian’s ability to ensure the child’s wellbeing, their living and financial circumstances, and the nature of their relationship with the child. If the child is deemed mature enough, the court also considers their opinion. Temporary custody arrangements can be reviewed and extended, while permanent custody grants the guardian full legal rights and obligations for the child’s care.

Our law firm offers comprehensive legal support in custody matters: we assist in drafting documentation for temporary and permanent custody appointments, guide guardians through the formalisation of their legal obligations, and represent clients in court proceedings. Should a review or modification of custody arrangements be necessary, we help prepare the required applications and evidence to ensure that all outcomes serve the best interests of both the child and the guardian.

 

Adoption

Adoption is a legal process through which a child deprived of parental care becomes a full-fledged member of a new family. Adoptive parents assume all parental rights and responsibilities, providing the child not only with stability but also with the right to grow up in a loving environment. Unlike guardianship, adoption is irrevocable and establishes the same legal rights and obligations as biological parenthood.

Individuals seeking information on the adoption process must first contact the relevant authorities, which assess the prospective adoptive parents’ readiness. It is important to note that only adults who meet legal criteria are eligible to adopt, with priority given to married couples. Stepparent adoption is also possible, provided it aligns with the child’s best interests.

The adoption process involves several key stages: prospective adoptive parents must complete mandatory training, receive a positive assessment of their suitability, be registered in the official adoption list, and obtain a court ruling that finalizes the child’s integration into the family. It is important to emphasize that adoption proceedings are confidential—biological parents are not notified of court hearings concerning the adoption.

Our law firm provides comprehensive legal assistance on adoption matters: we support clients in preparing adoption documentation, represent them in court proceedings, and advise on the procedures for stepparent adoption.

Adult guardianship

Adult guardianship is established in cases where a person, due to incapacity or limited legal capacity, is unable to manage their personal or financial affairs independently. This may apply to elderly individuals or persons with mental health conditions or other medical issues that require ongoing care and supervision.

Depending on the circumstances, guardianship may be either permanent or temporary. Permanent guardianship is assigned when an individual is no longer able to function independently in the long term, while temporary guardianship may be appropriate for short-term limitations—for example, during recovery from a serious illness or injury.

Many family members consider seeking guardianship of an elderly person who can no longer live independently or make informed decisions. In such cases, a court decision is required to establish incapacity or limited legal capacity. Guardianship of an incapacitated person grants the guardian the legal right to represent the individual’s interests, manage their property, and ensure their daily needs are met.

Our law firm provides comprehensive legal support in guardianship matters: we assist in preparing all necessary documentation, represent clients in court, and advise on the rights and obligations of guardians. We also help resolve disputes related to adult guardianship to ensure that legal arrangements reflect the best interests of both the person under care and their family members.

BOARD | MEMBER | MENTALITY

Gabrielė Šinkonė
  • Advokatė
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