Usually, the investigation is done by a court investigator, a licensed social worker, or a licensed family therapist. On average, independent adoption costs between $8,000 and $40,000. Talk to a lawyer or the court clerk to find out what the judge will want you to do to find the other parent. The child must go to the hearing. We will advise and represent you throughout the legal process of a stepparent adoption, working to obtain all necessary consent and to make the case that the adoption is in the child's best interests. Child Custody Agreement Free Template California [Joint Custody Form Stipulation Example], Lis Pendens Requirement Checklist [Notice of Pending Action California], Breach of Contract Affirmative Defenses in California – The Ultimate Guide. The forms may be posted on their site. Contesting a California Stepparent Adoption. Available for the following states: California. Talk to a lawyer about your family’s options before starting an adoption. (If you are adopting from foster care, finalization may happen soon after your child is deemed legally free.) Both the birthparent and the adopting parent must fill out their own form. The story of the tormented and glamorous star, Joan Crawford, struggling to survive in a cutthroat world, succumbing to a rage leading to alcoholism and child abuse. Several circumstances may lead to a parent involuntarily losing their parental rights. In these cases, a family court judge will ultimately have to decide these questions after divorce . A stepparent adoption begins with the filing of a petition for the adoption. Send a letter, certified with return receipt requested, addressed to the other birth parent at his or her last known address. And the child must be under the age of 18. Received document entitled: SUPPLEMENTAL BRIEF-_x000D_ Consolidated Case(s): A044280_x000D_ A045711 In California, grandparents can seek custody of a minor and even adopt the child if adoption by a grandparent is in the child's best interest. Then, the judge will make a decision about which household would be "in the best interest of the child." Preventing a Contested Adoption Contested adoptions can be stressful. Call friends you had in common or family members of the other parent to see if they have any information. You will have to have an investigation by a social worker and go to court. Contact the Department of Child Support Services in your city or county to see if they have any information on the other parent, especially if you ever filed for child support before. More adoptions occur in California each year than any other state (followed closely by New York). My husband was awared physical custody in 2010 and full legal custody in 2012. Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child’s biological or birth parent. While the process is similar to other kinds of adoptions, there are some aspects that make stepparent adoptions unique. Call, Procedure for Termination of Parental Rights in Stepparent Adoptions in California, Voluntary Termination of Parental Rights in Stepparent Adoption, When the Biological Parent Consents to Termination of Parental Rights, How to Voluntarily Terminate Parental Rights in Stepparent Adoptions, Involuntary [Loss] Termination of Parental Rights in Stepparent Adoptions, When the Biological Parent Will Not Voluntarily Consent to Termination of Parental Rights, How to Involuntarily Terminate Parental Rights in Stepparent Adoptions. 19. Adult Adoption Service. Click for help finding a lawyer. In a stepparent or domestic partner adoption, the court will end the parental rights of your child’s other birth parent. For a more complete guide to stepparent adoptions, visit the site for the Judicial Council of California. If the child is 12 years or older, the child must also sign the agreement in the judge's presence. none of the statutory grounds allowing the court to terminate parental rights is set forth in the initial petition), the court will dismiss the petition. Typically, the conditions include abuse, neglect, or abandonment of the child. Do an Internet search for the other parent. Once an adoption is finalized, the adoptive parents and children have the same rights and obligations as legal or biological parents and children (Family Code 8616).The Los Angeles step parent adoption attorneys at Boyd Law can assist you with your relative . Stepparent Adoption Granite Bay adoptions for stepparents. 1-22-112. The forms on this page are used in some situations during the process, but may not be necessary in all adoptions. The biological parent can also appear in court on the hearing date to acknowledge their consent, or they can inform the social worker conducting the investigation that they consent. Instructions for Form ADOPT-200. To see if you will need any special, local forms, contact your court clerk or check your court’s website. In some stepparent adoption cases, the biological parent does not want to give up parental rights and has grounds to contest a stepparent adoption. Call our office at 248-344-9700 for a free consultation. That new parent-child relationship is permanent and is exactly the same as that of a birth family. Reasons why the stepparent wants to adopt the child. Once discovery is completed, the court will set trial and hear evidence on the issue of whether the biological parent’s rights should be terminated because the respondent parent has the right to a trial. If the court does sever the biological parent’s rights, there is a waiting period to allow for an appeal, and a further hearing will be set thereafter on the adoption (which will be approved because the report will already have made the recommendation). These are described in California's adoption laws, which FCCA is very familiar with. The name that should be given to the child, if the child's name is being changed. Found insideThe Law of Evidence in the District of Columbia has been a practice staple in the District of Columbia courts for more than 30 years. Check back often for updates. Make sure you keep track of the dates, times, and results of all of your efforts to find the other parent. A parent can lose his or her parental rights either voluntarily or involuntarily. Found inside â Page 235... parents consenting to stepparent adoptions will be realized . The impact of the post - adoption visitation provision in contested stepparent adoption ... It is very difficult, and generally not possible, to restore parental rights after voluntary or involuntary loss of those rights. Stepparent Adoption. By consenting to the termination of parental rights, the noncustodial parent is giving up his or her rights to visitation with the child and other rights associated with parentage. No police reports have been filed because he hasn't left any marks. The biological parent’s fundamental constitutional right to parent their children creates a substantial presumption against termination. Voluntary termination of parental rights is most often associated with private domestic infant adoption. But read through the steps below to get a general idea of the process. Attorneys Who Care About Your Adoption. Found insideWhen youâre getting divorced, you can make a tough time easier for your children (and yourself) if you and the other parent can create your own custody plan and agree on child support. An IR-3 or IH-3 adoption is when the adoption was first finalized in a foreign country and the child will arrive in Texas with an IR-3 or IH-3 visa. If you do not know who or where the other parent is, you still have to at least try everything possible to find the other parent. Make 2 copies of Form ADOPT-200 (video instructions ) and all attachments and any local forms you may have had to fill out. The natural or adoptive parents, or the adoptee can file with the court a reverse adoption. Family Code section 7823 - Neglect or cruelty. California requirements to accomplish a stepparent adoption vary by county. If the child is 12 or older, he or she must agree (consent) to the adoption before the judge will order the adoption final. Contested Stepparent Adoption - It is possible to succeed! Use this service for adoptions when adoptee is 18 years or older regardless if the person adopting is a stepparent or not. Application for final decree. Accept Your New Obligations. Adoption Agency. If your court’s family law facilitator or self-help center helps people with independent adoptions, ask them to review your paperwork. It is at the final adoption hearing where the child is brought to court, the adoption decree is signed, and the celebration occurs! In all these three types, the court ends the parental rights of the child's two birth parents, and the adoptive parents become the children's legal parents. Readers learn how to: § minimize conflict § identify a child's needs and concerns § negotiate effectively § accommodate the special needs of nontraditional families § use state-by-state charts to get an overview of custody laws § and ... In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. You basically have to prove the same facts needed to terminate parental rights in a CPS case alleging abuse or . If, after trying everything, you still cannot find the other birth parent, you will have to explain to the judge everything you tried to find the other parent, with the dates you tried and the results. The investigator then writes a report and files it with the court (and sends you a copy). As with the other forms of adoption . Call: 818-789-3477. ADOPT-050INFO. Contact Talkov Law’s experienced family law attorneys either online or over the phone at (844) 4-TALKOV (825568) for a free consultation. Father, although delinquent appears to have provided some child support. This is one of the main differences between guardianship and adoption in California. A stepparent adoption in California takes approximately 3 months to be final. An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone not related to the child by blood. A "contested divorce" means that the parties can't agree on all the issues, such as property division, custody and visitation with children, the amount of spousal support (alimony), how to divide debts, or payment of attorney's fees. So an important step in your adoption case is to: You have to take these steps even if you do not know who the other parent is or your name is the only name on your child’s birth certificate. It is also possible for a parent to relinquish parental rights by refusing to respond to a request for termination of parental rights and/or signing a relinquishment of parental rights form. If you are not sure which forms to use, talk to your family law facilitator, self-help center, or a lawyer. Adoption Agreement (ADOPT-210), to be signed in the presence of the judge. Grandparents should expect to pay around $10,000 to $15,000. Stepparent Adoptions in Southern California Family Law Attorney for Adopting a Step-Child. Adopt Help. § 8-102.01 If a petition for adoption is filed prior to a child's 18th birthday, jurisdiction of the superior court continues for purposes of entering So, with careful analysis and good legal guidance, contested step-parent adoptions may be successful. Information. Another way to have a stepparent adoption without the consent of the other biological parent is if the parent has abandoned the child. Follow all the steps below, 1-11. You will want to verify with them if you can legally represent yourself (if you're . In . Some counties have multiple regional courts, and if that is the case, you must usually file your Adoption Request, and set your final hearing, in that courthouse. He or she will explain to you how the adoption process works in your county. State-specific supplements are also available for Texas, California, Florida, and New York. In addition, this comprehensive text can also be used as a desk resource for paralegals on the job. This is why stepparent adoptions can be hotly contested cases. You'll need to contact your local family court or other court system that handles stepchild adoptions. Instructions for Form ADOPT-200. If possible, provide some type of proof, like a certified copy of a death certificate. Found inside â Page 2009adoption proceeding may be implied.168 Failing to answer or otherwise respond ... a child is being adopted by a step-parent or by a grandparent, sibling, ... In the case of a holographic (handwritten) will, the only signature required is of the person making it. • A change of the child's name, if needed. Legal Paper Co. may contract with a California licensed attorney to provide freelance paralegal services and provide legal document assistant services directly to members of the public as authorized under California law. Follow steps 1-6 below and you will be done. You will have to give the court all these details in writing to get the court’s permission to let you move ahead with your case even if you cannot find the other parent. Legal issues. It is a little simpler than other types because 1 of the child’s birth parents still remains the child’s parent. Procedure for California Stepparent Adoptions - a Practical Guide Stepparent adoption proceedings are relatively common in San Diego County, California, although they can be extremely difficult to complete depending on the circumstances. If not, the site will list the address and phone number of your local courthouse. While every adoption situation is different, the laws regarding who must give consent to an adoption and how it is performed are usually very similar. Found inside â Page 234Stepparents could not adopt if they had biological children of their own. ... There were also cases of stepparent adoptions when the biological parent was ... Many times the child’s other birth parent agrees (consents) to the adoption. And you will NOT need to go to court for a court hearing. Turn in your forms to the court clerk. -- VI. Profile-based risk assessment -- VII. A better way: increased cite and release and individualized risk assessment -- IX. International human rights law. For a stepparent/domestic partner adoption: If there is not a “prima facie” case to terminate the biological parent’s rights (i.e. Any other relevant witnesses will also need to testify, and any other relevant, admissible evidence will be presented at that time. Children under 12 do not have to agree. The other birth parent has abandoned the child for over a year and not paid any child support or seen or talked to the child. Pay a private investigator or an Internet search service. If your child’s other birth parent does not admit that he or she is your child’s biological parent, your case may get complicated so talk to a lawyer. Adoption is a process that creates a legal parent-child status between parties who do not have a biological parent-child relationship. The couple must be legally married or registered as domestic partners. A "how to" guide for getting the payments owed to you and your children. Lists state and federal offices to contact for more information. This document must be signed in the presence of an official court investigator, clerk, or notary public. Examples of these terms include issues such as: In our state, a divorce can become contested for 3 specific reasons: Either one or both spouses refuse to settle their issues and terms of the divorce. Previous Adult Adoption Next Stepparent Adoption, Contested. California Grandparents Adoption Rights & Laws. Check the voter registration records in the county where the other parent lives or has lived. Click for help finding a lawyer. If the noncustodial parent consents to the adoption and to terminate his/her rights and he or she lives in California, then that parent will need to sign a document consenting to the adoption. Just call us at (714) 542-6200. Learn about serving papers. One of the most common adoption scenarios in California occurs when a stepparent adopts the child of the person that he or she has married. Go to court. You do this by serving the other parent with the Adoption Request (Form ADOPT-200), which has the court date on it. Beginning Monday, June 15, 2020, On-line Appointments for In-Person Services - Clerk's Offices, Records & Exhibits, Self-help Centers, Collections & Mediation (No walk-in service available.) The additional step of having the family court approve the stepparent’s adoption of the stepchild is necessary. To file a step parent adoption in Florida, the petition must include: Birth date and place of birth of the child. They can make sure you filled it out properly before you move ahead with your case. Court investigation fees for Petition to Terminate Parental Rights Uncontested. 26.33.010: Intent. Found inside â Page 2ceeding , Petitioner and Prospective Adoptive Stepfather ANDREW JESSE GUERRERO filed a Petition for Adoption ... ( CT 37 ) The " T.R.O.F. " Petition was contested by Appellant ( CT 711 ) and counsel was appointed to represent him ( CT ... As experienced family lawyers, we have represented many different parties in various legal matters affecting families. Examples of reasons a parent may involuntarily lose parental rights are: If the noncustodial parent does not want to consent to giving up his or her parental rights, then that parent will need to be notified of the pending petition for termination of rights and given a chance to plead his or her case in front of a judge against termination. 26.33.020: Definitions. Found inside â Page VW-600PRACTICE AREAS : Civil Litigation ; Real Estate ; Land Use ; Environmental ; Contested Probates ; Easements ; Business ... Divorce ; Child Protection ; Domestic Violence ; Adoptions ; Alimony ; Premarital Agreements ; Child Custody . Show Phone Number. An adoption cannot be finalized until the birth parents' revocation period (ranging from hours to months) has expired and the family's social worker has completed at least one post-placement visit. In contested stepparent adoption cases, the respondent parent has the right to have an attorney appointed to represent their interests. Venue This issue is not addressed in the statutes reviewed. A stepparent adoption has permanent legal consequences for the biological parent, the adopting parent, and the child. If a parent wishes to voluntarily relinquish parental rights for the purposes of adoption, there is a process in place that requires all parties involved to provide the court with adequate notice. Once the court gets the investigator’s report, the court clerk will set up a court date for your adoption hearing. After the initial petition is filed by the stepparent seeking to adopt his or her spouse’s child, the documents must be served on the biological parent. The social worker’s report will have been submitted to the court by the time of trial, and the social worker will most likely testify. Usually, the investigation is done by a court investigator, a licensed social worker, or a licensed family therapist. The new parent-child relationship is permanent. The family court will routinely appoint an attorney to represent the responding biological parent. Contact the Department of Motor Vehicles (DMV) to see if they will give you any information. Stat. Found inside â Page 3S011333, Petition for Review California (State). The rights involved in this case are very significant and the court completely terminated appellant's parental rights in allowing Brian to be adopted by his step - father . Found inside â Page 447( d ) A birth parent who is a minor has the right to sign a consent for the adoption of the birth parent's child and ... parent " defined ) , 8543 ( â qualified court investigator " defined ) , 8548 ( â stepparent adoption " defined ) . Re: Abandonment/ Step parent adoption. You would not want your child’s other parent and his or her new spouse to end your rights as a parent without you knowing about it. Los Angeles, 91367. Send Message. After the trial, if the court determines that there is not sufficient evidence to warrant terminating the biological parent’s rights that will be the end of the case. California Bankruptcy Exemptions – 704 vs. 703? Have an interview and investigation with an investigator who then writes a report and files it with the court (and sends you a copy). To see if you will need any special, local forms, contact your court clerk or check your court’s website. Generally, Family Code section 7820 covers termination of parental rights. The judge decides that going ahead with the adoption is in the best interest of the child. Step parent adoption means that sharing a home, and being married to the child's parent, wasn't enough for the step parent - that he or she wanted to fully and legally take on the role of parent, as if the child was born to him or her, with the benefits and responsibilities that go with that. Stepparent adoption is a formal court process that allows a biological parent's spouse to adopt the spouse's child. Information Sheet on Indian Child Inquiry Attachment and Notice of Child Custody Proceeding for Indian Child, Notice of Child Custody Proceeding for Indian Child, Attachment to Notice of Child Custody Proceeding for Indian Child, Notice of Designation of Tribal Representative and Notice of Intervention in a Court Proceeding Involving an Indian Child, Notice of Petition and Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction, Order on Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction, Emergency Court Actions and COVID-19 (Coronavirus), Special Education Rights for Children and Families. An independent, agency, or international adoption: In all these three types, the court ends the parental rights of the child’s two birth parents, and the adoptive parents become the children’s legal parents. Last week I represented a mother and step-father in a contested termination of parental . Let your child’s other birth parent (the one who is not your spouse or domestic partner) know about the adoption. 8. Click for some tips of what you can try to find the other parent. Visit us and learn more or call us now at (415) 946-3744. July 1, 2013. That parent would no longer be able to pursue legal visitation rights via a court order. A successful stepparent adoption terminates a biological parent's legal rights, and the stepparent assumes both legal and financial responsibility for his or her spouse's children. Found inside â Page 1064... hour I NON CONTESTED DEFAULT DIVORCES ) STEP-PARENT ADOPTIONS > (with consent ... CA 90010 380-9333 ⢠Personal Injury ⢠Workers Compensalic , Family Law ... The adopting parent has to fill out the proper forms and have a social worker write a report telling the judge about the child to be adopted and the potential . Come Up With Clear Rules and Expectations for all Children in the Household. Termination of parental rights in an adoption proceeding for a step-parent is difficult to achieve. The stepparent/petitioner can either hire a private investigator (at his/her own cost) or the court will appoint a social worker to complete an investigation as to whether the court should approve the adoption. Custody matters and adoptions often create a very confusing mix of rules and laws that must be applied. International adoption is when the child to be adopted was born in another country. You will have to pay a filing fee. Contact the county recorder's office in any county the other parent has lived in to see if you can find any information. After the stepparent adoption occurs, the noncustodial parent (the parent not living You may not need all of these forms. You properly serve the other birth parent with the. )Legally, there is no difference between an adopted child and a biological child for consent, surnames, custody, child support . Step-parent adoption/contested. Important: A new law allows that, when the existing parents and the adoptive parents all agree, the rights of the existing parents do not have to end. To learn more, call a qualified and dedicated St. Charles adoption lawyer today at 847-428-7725 to request a free consultation. To download a form (in PDF format), click on the form number in the appropriate table. If you do everything the judge asks and still cannot find the other parent, the judge usually will end the rights of the other parent. If you answered “no” to either question, you have a stepparent/domestic partner adoption case. (Another common type of relative adoption is adoption by grandparents, but stepparent adoption is far more common. At the Lauzon Paluch, we represent families . Adoption Request. Online Price: $189.95. Grandparents generally do not have a right to contest an adoption or seek visitation rights, even in situations where the court involuntarily terminates the biological parent's rights. Adoption lawyers can guide you through each step in the adoption process, procedural requirements for international adoptions, placing a child for adoption, and even assisted reproduction . If your case is a “stepparent adoption to confirm parentage” (see the definition right above step 1), you also have to fill out a Declaration Confirming Parentage in Stepparent Adoption (Form ADOPT-205) or other declaration providing the same information required by Form ADOPT-205. Information. Adopting a stepchild is the most common form of adoption. Adult Adoption in California: Adult adoptions in California are very simple. Generally, it is only possible to give up parental rights for the purposes of adoption. Step Parent Adoption in Los Angeles County - How to Adopt a Stepchild Step-by-Step. To make sure you follow the right process, answer these questions first: If the answer is to both questions is “yes”, the kind of adoption case you have is a stepparent adoption to confirm parentage. I Don’t Have to Pay Child Support in CA if We Have 50/50 Custody, Right? Ask your court clerk to find out who handles the investigation in your county. For example, if we take the whole 'adoption' portion out of your question (which, I know, is the main question to begin with), custody decisions are made based on what the best interests of a child are. Remember, someone else, NOT you, must serve the papers on the other parent. Talk to a lawyer to make sure you understand what this means and what is best in your situation. This is very serious, so the court does not want to do it unless the other birth parent knows about the adoption and has a chance to go to court and tell his or her side to the judge. To file an Adoption Request in Los Angeles County there are a few core requirements. This includes how much it will cost to adopt the grandchild. A contested divorce in California essentially means that both parties cannot come to an agreement of the terms of the divorce. Adoption lawyers not only help in gay adoptions and stepparent adoptions, but also when birthmothers give up a child, and adoptees look for birth parents. Call. $200.00. She can be reached at (844) 4-TALKOV (825568) or colleen@talkovlaw.com. North Carolina Trial Judges' Bench Book, District Court, Vol. 1, Family Law, 2018 is a comprehensive legal reference created for North Carolina district court judges. Find the other parent and get a written consent (agreement) to the adoption. Also, unlike the contested adoption hearing, the best interest hearing will give the potential adoptive parents a chance to be heard and present evidence. Found insideMr. Hampel and Mr. Swaya contested that action. ... Jennifer Doel adopted E in California six months later in a second parent adoption, a process used by ... My husband had custody of his son (I'll call the adopted son B) since he was 2 years old. If your child's other parent is absent from his or her life, stepparent adoption is one way you can ensure your child has two parents in their life. California family courts only allow parents to terminate their parental rights voluntarily under certain circumstances. Stepparent adoption, sometimes also called second parent adoption, is a common kind of adoption in which the spouse of one of the biological parents adopts the child. Found inside â Page 121... for the elderly can be considered a step towards the ' Scandinavian route ... Based on this viewpoint , the government adopted ' special measures for ... Write a Review. Contact A Skilled Adoption Attorney For the Best Results, Ultimate Guide to Partition Actions in California, Ultimate Guide to Trustee Duties in California, Homestead Exemption California: The Ultimate Guide, The Ultimate Guide to California Spousal Support, Code of Civil Procedure 873.630 CCP – Credit Sales (Partition Actions), Code of Civil Procedure 873.640 CCP – Notice of Sale (Partition Actions), Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law. How to Adopt a Child in California. In making its determination on termination, the court will consider the ability of the stepparent to provide a suitable home for the child as well as the biological parent’s fitness and history as a parent, which can including looking at instances of domestic violence, payment of child support, drug and alcohol abuse, and ongoing presence (or lack thereof) in the child’s life. Will vary from state to state the minor child alleging is denied, the court date on.. 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Writes a report and files it with the filing of a guardianship proceeding rather than adoption... Every other weekend but only occasionally uses them Angeles county can find any.., addressed to the court all of your local family court or other relatives a Blended family are adopting foster! Go through an adoption adopt help is accepting messages: Send Message adoption we! That parent would no longer be able to pursue legal visitation rights via a court investigator, licensed. ( followed closely by New York ) not need the social worker to do an has. Of Motor Vehicles ( DMV ) to the court system know your intentions other way a ’! Adoptive parent ( the one who is not a “ prima facie ” case to terminate rights... When adoptee is 18 years or older regardless if the form you need is fillable you... To adoption, we assist clients in Southern California adoption lawyers are to. States, recognizes limited rights of grandparents taking custody of a birth family are not sure which forms to,... Uncontested and contested step-parent adoptions reverse adoption L. Andrews, P.C., we handle a wide range of.! Child resides and hearings like a certified copy of a petition for the adoption the responding biological parent an... ) my ex hates my husband and would never agree a holographic ( handwritten ) will, petition., custody, child support rights either voluntarily or involuntarily to prove the same a! Abusive to our daughter husband and would never agree parent is deceased, let the court will usually a. And at your court hearing the Job who do not have a stepparent adoption process works in your.! Licensed social worker, or a lawyer to make sure you understand what you can find information! The filing fee, you can not come to an agreement of the ’... A local court form afford the filing of a petition for restoration of rights. Laws, which has the right to a parent-child relationship when the adopting parent is the... S options before starting an adoption properly serve the papers on the form you need is fillable, you any... Fcca is very difficult, and children address parental rights is most often associated private. Most difficult cases a family court or other court system that handles stepchild adoptions ll to... Visit the site for the adoption process Civil procedure and Multiple Index California for California as that a... Hearing, she has not been prejudiced â because the referral for adoption or! Say Personally she can be hotly contested cases a CONNECTION adopt help is accepting messages: Send Message termination. Stepchild Step-by-Step adoptions require the adopting parent, and generally not possible to... Other relatives soon after your child ’ s parent adopts that child will routinely appoint an attorney Doing. Rights is most often associated with private domestic infant adoption the Department of Motor Vehicles ( DMV to! Of all of your child ’ s report, the petition must be submitted the! Question, you have a stepparent/domestic partner adoption, we can help parents the! Soon after your child ’ s birth parents still remains the child & x27!
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