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Adoption Questions & Answers
1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: My sons (bio father) is not on the birth certificate. I was raped at a party and never told him. Husband wants to adopt

My husband has been in his life since he was 6 months old. My son only knows him as his dad and I don’t know if this would be adoption or a VAOP. My son is now 2 almost 3 and we want his name from his birth name (my pre married name) to our name.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 23, 2022

Hire an adoption lawyer.

2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
Leland Hulbert answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

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1 Answer | Asked in Adoption, Child Custody and Family Law for Louisiana on
Q: Can someone adopt a child without the biological mothers consent
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 13, 2022

Yes if her rights are terminated. You need an adoption lawyer.

2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My wife gained physical/legal custody of her children at final divorce hearing with her ex, can I adopt her kids?

The father has been incarcerated before and found in contempt of court, doesn’t pay child support etc. We were recently married, currently live in TX but court hearing was in Georgia, she wants me to adopt but the biological father (her ex husband) will likely not want me to be able to adopt.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 12, 2022

You can file a contested adoption. You need to speak with an experienced adoption attorney who can handle this.

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1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Looking to get temporary guardianship of 4 children while their mother gets back on her feet.

We need to be able to put them in school and take them to the doctors. Would we need power of attorney? Or something else? What steps do we need to take?

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

If you are a grandparent it is a simple form for grandparent power of attorney signed by the mother that you file in your county's juvenile court. If you are not a grandparent then you need to file an application for guardianship with consent of the mother in your county's probate court.

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Can I assign guardianship of my adopted child to biological mom if she voluntarily signed away parental rights?

Child was placed in CPS care at birth. Biological father’s rights were taken by court. Biological mother voluntarily signed them away. I adopted the child, who is biologically my nephew. Mom is now stable and able to care for child. This is in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 27, 2021

This is a multi-layered question that poses more questions; which could result in different legal answers depending on how the questions are answered. I would strongly suggest you seek legal counsel to get a more accurate answer to your question.

I'm not sure what the reason is for...
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1 Answer | Asked in Adoption for Louisiana on
Q: Our granddaughter 17 is living with us. Her father is deceased and our daughter gave up rights. What do we do to adopt.

We are considering doing this so she can have better medical insurance. Now she is on medicaid. Also she gets social security benefits from her deceased father. Would that stop?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 26, 2021

No social security does not atop but you need to notify social security in writing and hire an adoption lawyer.

3 Answers | Asked in Traffic Tickets, Admiralty / Maritime, Adoption and Cannabis & Marijuana Law for Georgia on
Q: Do I need a high powered attorney?

I definitely need a high powered attorney

Tim Akpinar
Tim Akpinar answered on Dec 24, 2021

It's difficult to answer the question based on the information in the post - Admiralty/Maritime is included as a category, and it would be good to have an attorney with insight into maritime law if the matter involves vessels or activities on navigable waters. But there are other categories as... Read more »

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Does same sex couples have to be married to sign child birth certificate?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

The Supreme Court held that a state may not deny married same-sex parents the same right as opposite-sex parents to be listed on child’s birth certificate, see Pavan v. Smith, 2017, 137 S.Ct. 2075, 198 L.Ed.2d 636.

We will definitely need more information on your matter.

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1 Answer | Asked in Adoption and Family Law for Wisconsin on
Q: How does a father sign over his rights?

My ex hasn't physically seen our son in over 2 years, and is nearing the 6 months mark of not even talking to him. He called me the other day and said that he would sign away his rights so that my current fiance could adopt our son.

I have no idea what paperwork needs to be filled... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 22, 2021

It is not a matter of simply signing over one's rights. You and your fiance will need to first be married prior to his ability to adopt. Then, there would be a need for both of you to cooperate with a custody study with an adoption agency. Once that is completed, you would need to file a... Read more »

1 Answer | Asked in Adoption for Louisiana on
Q: Can I adopt an adult whom I consider my child who is not kin to me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 20, 2021

Yes contact an adoption attorney to do an adult adoption.

1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: Is a notarized intent to adopt form enough to bring the baby home from the hospital before starting the process?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 13, 2021

You need an attorney to prepare a document that fulfills legal requirements to take someone else's child home.

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: I am a guardian wanting to adopt. Is there an attorney that I can talk to about how to proceed?

I am the primary custodial guardian for my almost six year old grandson who I have had since he was one week old. My daughter has supervised visitation two hours twice a month. His biological father is a joint guardian with very limited visitation rights. I am wanting to adopt my grandson and not... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 12, 2021

You could reach out to a family law attorney in your area. Make sure that they specify that they handle adoptions (all family law attorneys do not handle adoptions). They can then provide information on how to proceed.

Good luck on adopting your grandson!!

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: How do I get guardianship or custody awarded to me of a non biological child?

His mom goes months without talking to him. He is 2yrs old and a type 1 diabetic. I take care of him 98% of the time.

Hannah Burdine
Hannah Burdine answered on Dec 9, 2021

Hi, if the biological parents of the child have left the child with you for an extended period of time, you can petition the court for emergency protective custody on the basis that the child is dependent and neglected.

1 Answer | Asked in Adoption, Family Law and Elder Law for Oklahoma on
Q: Re: guardianship of my mom. My siblings were adopted out of the family. Do I need to serve official notice to my them?

I am the only one of my mom's children who wasn't legally adopted. I'm wondering if I should go through the process of paying a sheriff/process server to deliver the notice of guardianship petition.

Charles Watts
Charles Watts answered on Dec 9, 2021

Since an adopted child still receives a childs portion of the estate of biological parents, I would send them notice in this matter as well. However, you can send it via certified mail and this is cost less than the sheriff/process server.

1 Answer | Asked in Family Law, Adoption and Child Custody for Alaska on
Q: If my grandkids in Michigan are removed from their mother's care, her wish is to have them sent to me in Alaska.

Her wish is to have the kids placed with me and her step-father! What steps would we need to do to make this happen?

Stefan Otterson
Stefan Otterson answered on Dec 3, 2021

It sounds like the kids are already in the custody of the state in Michigan. That means you will have to work with their Child Protective Services office (CPS). Ask your daughter for the contact information for the assigned social worker and contact that person to let them know you are requesting... Read more »

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: My husband and I wanted to adopt an infant. We had an infant placed in our home through DSS in 2020.

The baby is a Safe Haven - Daniel's Law baby. The birth mothers name was on the birth certificate. The hospital made an error in placing the mothers name on the birth certificate. It's been a year and we are still waiting for a TPR and to adopt. Does the mother still have legal rights?... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Dec 2, 2021

Until the mother's parental rights are terminated, she remains the child's legal parent. If the child is placed with you by DSS, then DSS has custody of the child. However, in many situations, you do not have to wait for DSS to file a TPR action; instead, you could file a private action... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: I have temporary custody of one niece, her 3 sisters are in foster care.sibling visit ordered, fosters not complying

Fosters want to adopt 3siblings and stop all visitation. They are 9,7,7,6yrs old.. everything I read goes against cutting sibling ties, do I file contempt? Will the respondent be the foster agency or foster parents?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 25, 2021


2 Answers | Asked in Family Law and Adoption for Florida on
Q: Can my boyfriend of 8 years adopt my daughter who is 9, if we're not married and her biological father consents?

I have a 9 year old daughter that my boyfriend has been helping me raise since she was almost 2 years old. Her biological father hasn't really been present in her life for the past 4 years. He isn't on child support, he doesn't help provide for her, and rarely contacts her. Without... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 19, 2021

The biological father would need to cooperate and terminate his parental rights. You should consult with a local adoption attorney as this is possible but can be a complicated process.

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