Adoption is on hold until after divorce

What's the Law?
Legal Aid Society of Hawai

Question: I have been caring for my sister's children for three years, and she has agreed to let me adopt them. I am married but in the process of getting a divorce. Can I adopt my sister's children by myself since I am getting divorced?

Answer: From Sheri Rand, Legal Aid's adoptions manager: No. Family Court does not allow separated or divorcing parties to adopt. It grants adoptions only to single or married persons. You will need to petition for the adoption only after your divorce is finalized.

Q: I was on Social Security, but I recently received a letter terminating my benefits. I am going to appeal, but I need the money because I have no other income to depend on while I am appealing. Is there anything I can do?

A: From Stacia Silva, Legal Aid managing attorney: If your benefits are being terminated or reduced, and you want to continue getting your current benefit amount, you can apply for Payment Continuance (PC). Payment Continuance means you will continue to get your current benefit amount while you're in the appeal process until your hearing date. To get PC, you must meet an earlier deadline than the normal 60-calendar-day deadline for appealing a termination of benefits. You must turn in your "Request for Reconsideration" form within 10 calendar days, and you must meet this earlier deadline at each stage in the appeal process to continue getting your current level of benefits. Social Security (SSA) assumes it takes five days for you to receive the notice, so you generally will have a total of 15 days from the date on the notice to turn in your request for PC. Be aware that you might need to call SSA to enforce your right to PC if you do not continue to receive your SSA check in the full amount. If you miss your 10-day deadline, you could still be eligible for PC if you have good cause. Examples of "good cause" include serious illness, severe weather, improper notice, illiteracy, death or serious illness in the family.


Legal Aid Society of Hawaii operates statewide. Practice areas include housing, public benefits, consumer and family law but not criminal law. For information, call 536-4302. Submit questions by e-mail to dawalla@lashaw.org or by U.S. mail to Legal Aid Q&A, 924 Bethel St., Honolulu, HI 96813.



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