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Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: In the state of Arkansas, may a step dad adopt without the fathers consent if the father was never married to the mother

Also the biological father has not had anything to do with the children in 2 years.. financial or physical contact

T. Augustus Claus
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answered on Jan 11, 2024

In Arkansas, the ability of a stepfather to adopt a child without the biological father's consent can be influenced by several factors. Typically, if the biological father has not maintained contact or provided financial support for the children for a specified period, the court may be more... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Illinois on
Q: Can a parent sign over their rights to a friend after their child is put into foster care, In the state of Kentucky

The mothers daughter was put into foster care, at the end of the month she has court for termination of rights, and she would like to sign those rights over to me and my husband instead. We just want to know if that is even possible and how to proceed if it is.

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2024

I can tell you what would happen in Illinois and the rules should be similar to Illinois. In Illinois, the child would be a ward of the court before a termination of rights case began. The only way you could get the child is if DCFS KY agrees. You need a lawyer who works with DCFS and does... View More

1 Answer | Asked in Family Law and Adoption for Texas on
Q: My husband is going to be adopted by his best friends parents. What decision making rights will they then obtain?
T. Augustus Claus
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answered on Jan 10, 2024

The adoptive parents will typically gain full legal parental rights, including decision-making authority for your husband. This encompasses various aspects of his life, such as education, medical care, and other important matters. After the adoption is finalized, your husband's legal... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights.

I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only... View More

James L. Arrasmith
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answered on Dec 25, 2023

Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
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answered on Dec 20, 2023

If you were in the process of obtaining your Native American paperwork and your child was adopted out without your knowledge, you may want to express to Child Protective Services (CPS) that you were actively working on the necessary documentation for recognition of your Native American heritage.... View More

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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
James L. Arrasmith
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answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

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1 Answer | Asked in Family Law, Juvenile Law and Adoption for California on
Q: If my brother adopted my children in juvenile dependency court, is there any way to get visits through family law?
James L. Arrasmith
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answered on Dec 15, 2023

In California, if your brother has adopted your children through juvenile dependency court, the situation regarding visitation rights can be complex.

After an adoption is finalized, the legal relationship between the biological parents and the children is typically severed, and the adoptive...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Adoption for California on
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help

What is the best thing to do

James L. Arrasmith
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answered on Dec 10, 2023

Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals... View More

2 Answers | Asked in Child Support, Family Law, Adoption and Child Custody for Kentucky on
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven

If the adoptive parent consents when the bio parent is a over $4000 behind

T. Augustus Claus
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answered on Nov 27, 2023

When a parent surrenders their parental rights, they are essentially giving up all of their rights and responsibilities to the child. This includes the right to have contact with the child, the right to make decisions about the child's upbringing, and the right to receive child support from... View More

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1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Support for New Jersey on
Q: I had a hearing on my motion for cs modification the judge granted my request. After the hearing The court received.

A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't... View More

Richard Diamond
Richard Diamond
answered on Nov 27, 2023

I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se... View More

1 Answer | Asked in Probate, Family Law and Adoption for California on
Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.

Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption... View More

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological... View More

1 Answer | Asked in Family Law, Adoption and Civil Rights for Missouri on
Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa

Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.

James L. Arrasmith
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answered on Nov 24, 2023

In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.

Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of...
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3 Answers | Asked in Bankruptcy and Adoption on
Q: I mistakenly check the wrong box in the cover letter. I checked the ADDITIONAL FORM, which is supposed to be the OTHER.

Is this could be a big problem?

James L. Arrasmith
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answered on Nov 27, 2023

Mistakenly checking the wrong box on a form in a legal process like bankruptcy or adoption can be concerning, but it's often a fixable issue. The impact of this error depends on the specific form and the context in which it was used. Generally, such clerical mistakes are not uncommon and can... View More

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1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Can my husband adopt my two year old son if the father is not listed on the birth certificate and has never been involve

Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate.

Don Oliver Keene
Don Oliver Keene
answered on Nov 22, 2023

So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption.... View More

1 Answer | Asked in Adoption, Child Custody, Civil Rights and Family Law for California on
Q: Can cos just put child up for adoption without seeking family knowing grandparent and more family wanted baby

My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every... View More

James L. Arrasmith
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answered on Nov 21, 2023

In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Do you have to contact birth father if they weren't married to the birth mother and didn't go to court for rights?

My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 19, 2023

The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months. Your fiance would likely need to marry you, however, to be considered for an... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Adult adoption in California: replacing only one parent, what needs to be done?

I am an adult. My birth parents have been divorced for many years. The intention is that I would be adopted by my aunt, who lives in California. As I understand it, the adoption would then "sever" the parent-child connection between myself and my birth parents. However, I do not wish... View More

James L. Arrasmith
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answered on Nov 11, 2023

In California, adult adoption typically involves the complete replacement of both birth parents, legally severing the relationship with them and establishing a new one with the adoptive parent(s). However, in your case, where you wish to maintain the legal relationship with your birth father while... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?

My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I... View More

Michael Joseph Larranaga
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answered on Nov 6, 2023

While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.

That being said, if there is clear physical or mental...
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1 Answer | Asked in Family Law and Adoption for Alabama on
Q: Can I adopt my stepdad as my legal father?

My bio dad died when I was 10, and I haven’t seen the dude for 5-6 years prior, he never paid child support. Mama remarried and I got stepdad, they had my brother, BUT he never legally adopted me. Mama died 2 yrs ago and I’m 38 now. I want my dad to be legally my dad, NOT for the estate... View More

T. Augustus Claus
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answered on Nov 1, 2023

The fact that your stepdad was listed as your dad on your immigration paperwork and your Army paperwork may make a difference in your adoption case. The judge may consider this evidence of your relationship with your stepdad and his intent to be your father figure.

Unfortunately, due to the...
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