QUESTION

Is there a way I can petition the court to waive the fee for the home study or waive that I do not need one since I had him for almost three years?

Asked on Sep 01st, 2012 on Child Custody - Oklahoma
More details to this question:
I am in the process of adopting my son, who I have legal guardianship over. I know that in the state of Indiana, you have to have a home study to complete the adoption process. We really do not have the extra $1000 to get this completed.
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3 ANSWERS

Dennis P. Mikko
A home study is a necessary part of the adoption process. It should not cost $1,000. You may want to check with the adoption agency as to the cost and what the home study will entail.
Answered on Sep 11th, 2012 at 3:44 PM

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The adoption statutes provide that the home study can be waived by the court if the petitioner (person adopting) is a step-parent or grandparent of the child to be adopted. I have seen some case law where the home study was waived when the child was already living with the petitioner, but it is not a guarantee. You should do a motion requesting that the home study and period of supervision be waived and detail the reasons why. You will still have to have a criminal background check conducted on yourself and any co-petitioner. If the motion is denied then you'll have to do a home study. You should submit the background checks with the motion to waive. Good luck.
Answered on Sep 11th, 2012 at 2:26 PM

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In Oklahoma the only statutory provision for waiver of a home study is for step parent adoptions when the parties have been married for at least a year.
Answered on Sep 11th, 2012 at 2:07 PM

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