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California Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for California on
Q: How do I prepare a petition in California to nullify an adult adoption? Is there a template I should use?
James L. Arrasmith
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answered on Mar 22, 2023

To prepare a petition to nullify an adult adoption in California, you will need to follow the procedures set forth in California law. Here are the basic steps:

Determine the grounds for nullification: In California, there are certain grounds for nullifying an adult adoption, such as fraud,...
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2 Answers | Asked in Adoption, Family Law, Appeals / Appellate Law and Child Custody for California on
Q: Can a parent withdraw consent for guardianship?

My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... View More

James L. Arrasmith
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answered on Mar 1, 2023

Under California law, a parent can generally withdraw their consent for guardianship. If your brother did not fully understand what he was signing, or if he was misled or coerced into signing, he may have grounds to challenge the guardianship and seek custody of his child.

Your brother...
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2 Answers | Asked in Adoption, Family Law, Appeals / Appellate Law and Child Custody for California on
Q: Can a parent withdraw consent for guardianship?

My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... View More

Angeles Susi Carrion
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Angeles Susi Carrion
answered on Mar 1, 2023

A parent may withdraw consent to a guardianship so long as the Permanent Guardianship has not yet been granted. If the Permanent Guardianship has not yet been granted, the parent may file an Objection to Petition for Appointment of Guardian (Judicial council form GC-215), and clearly state why the... View More

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2 Answers | Asked in Family Law and Adoption for California on
Q: How do I share custody with the man who has been the father to my adopted kids and add his name to their birth certs?

We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.

James L. Arrasmith
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answered on Feb 27, 2023

To add your partner's name to your children's birth certificates in California, you will need to take the following steps:

Obtain a Voluntary Declaration of Parentage form: This is a form that establishes the legal relationship between a parent and a child. You can get this form...
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2 Answers | Asked in Family Law and Adoption for California on
Q: How do I share custody with the man who has been the father to my adopted kids and add his name to their birth certs?

We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.

Steven Lance Bynum
Steven Lance Bynum
answered on Feb 27, 2023

1. Common Law spouse is not recognized in California.

2. You can't just unilaterally add a man to the father's position on the birth certificate.

You will need to go through a stepparent adoption if you are married. Otherwise its an independent adoption and termination of...
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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: Can you get a termination of parental rights reversed in Fresno California if the parent was under extreme duress

Social worker misconduct and harassing the parent and the parent is homeless not knowing what's going on exactly because of the lack of knowing the laws and the process I thought that CPS were advocates of family reunification but instead they did not follow the process they were supposed to follow

James L. Arrasmith
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answered on Feb 25, 2023

In California, a termination of parental rights is a very serious legal matter and is typically difficult to reverse once it has been granted. However, it is possible in some cases to challenge and possibly overturn a termination of parental rights if you can demonstrate that it was made under... View More

1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: Is it legal for a court commissioner to terminate your parental rights in Fresno california

And at the court date the court was on video and the screen on my side was black so all there was were audio and I don't know who I was talking to at all just they say it was a judge on the audio but on the court paper i received it say a court commissioner

James L. Arrasmith
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answered on Feb 25, 2023

In California, court commissioners are authorized to hear certain types of cases, including some types of family law cases, under certain conditions. However, they do not have the authority to terminate parental rights in any case, except with the express written consent of all parties involved.... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: Can a assigned attorney lie to a client in a dcfs case

Dcfs case in la county. Baby was born clean. No drugs in her system. I was not. I have asked to appeal since day 1. Have given evidence that would help my case. At times my court appointed attorney blocked me completely. Until I called her supervisor. Now they are claiming she is not my... View More

James L. Arrasmith
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answered on Feb 23, 2023

It is not ethical or legal for an attorney to lie to a client in any case, including a DCFS case. However, it is important to clarify the roles and responsibilities of a court-appointed attorney.

In a DCFS case, the court will appoint an attorney to represent the parent or legal guardian...
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1 Answer | Asked in Adoption, Child Custody, Constitutional Law and Family Law for California on
Q: My child was removed with a fake warrant. I HAVE PROOF I HAVE THE ENTIRE COURT RECORD.. PLEASE HELP ME

My Child was removed in March 2022 with a fake warrant, I have always thought the warrant was bogus and I have grieved this issue with my proof to no avail. All of my pleas for relief have fallen on deaf ears. No one is listening to me I am completely ignored. DCFS unilaterally cut me off from... View More

James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear about your situation. If you believe that your child was removed with a fake warrant and that there has been fraud committed by DCFS, it is important to seek legal assistance as soon as possible.

You may want to consider speaking with a family law attorney who has...
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1 Answer | Asked in Family Law and Adoption for California on
Q: How can I go against a citation of termination of parental rights

I received a citation to terminate my parental rights and a hearing was set for feb 1st and now rescheduled. How can I respond to this request in another person adopting my children. I do not want this to happen

James L. Arrasmith
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answered on Feb 20, 2023

If you have received a citation to terminate your parental rights, it is important that you seek legal counsel immediately to determine the best course of action for your specific situation. It is possible that you may be able to contest the termination of your parental rights or negotiate a... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Is there anywhere in the world you can legally be compensated for donating eggs that were electively frozen?
James L. Arrasmith
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answered on Feb 19, 2023

The laws regarding compensation for egg donation vary by country and jurisdiction. In the United States, compensation for egg donation is legal and common practice, but specific regulations may vary by state. In some countries, such as the United Kingdom, donors can receive compensation for their... View More

2 Answers | Asked in Family Law and Adoption for California on
Q: how do i go about my husband adopting my son from a previous relationship?

My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?

Eliza Jasinska
Eliza Jasinska
answered on Feb 7, 2023

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.

If the child is 12 years old or older, the child will also have to agree to the adoption. In a...
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2 Answers | Asked in Family Law and Adoption for California on
Q: how do i go about my husband adopting my son from a previous relationship?

My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?

James L. Arrasmith
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answered on Feb 20, 2023

To have your husband legally adopt your son from a previous relationship, you will need to follow a legal process that may vary depending on the laws of your state. In general, the process will involve:

Termination of the biological father's parental rights: The biological...
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1 Answer | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Anything else you need from me about civil case i got the police report the police record and restore people who

Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: My kids were illegally detained by CPS in may 2019 and adopted by gma on dad side in 2021, what can I do to get them?

My kids at the time 2 and 3 were illegally detained by CPS in may 2019 and adopted out to their grandmother on dads side in 2021. In November 2019 I signed my right to reunify away after talking to the gma and how we both felt it would be better for the kids to be with family for the holidays and... View More

James L. Arrasmith
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answered on Jul 21, 2023

Given the complexity of your situation, it is crucial to consult with a California attorney experienced in family law and child custody matters. They can assess the specifics of your case and advise you on the best course of action to seek custody or visitation rights for your children. Your... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Would I be able to object to the guardian of my daughter asking for adoption

So I had my daughter at 16 I wasn’t ready at the time I wasn’t stable. I had my mom and my grandmother help me with my daughter but my grandma went behind my moms back and applied for guardianship. She won and she was given permanent guardianship. Since then it’s been 3 years im not allowed... View More

James L. Arrasmith
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answered on Jul 7, 2023

I'm sorry to hear about the difficulties you're facing with your daughter's guardianship. If your grandmother is now seeking to adopt your daughter and you want to object, it's important to consult with a family law attorney who can guide you through the process. They can help... View More

2 Answers | Asked in Adoption, Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: How can I sue cps and get my children back....

Almost 4 years ago CpS took my children... At the time I had no criminal record... I have no drug record... there has never been no domestic violence situation with me and there dad (my husband) all the allegations were not proven... yes we had moved out of our home into my sister's home that... View More

Robert Kane
Robert Kane
answered on Jun 21, 2023

An attorney should have been appointed. Was an attorney appointed? Drug abuse and child abuse are two reasons for CPS to become involved, but not the only reasons. You can hire an attorney to evaluate your situation.

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2 Answers | Asked in Family Law and Adoption for California on
Q: If I wasn't Notify my last court date how do I dress the courts about that
Tobie B. Waxman
Tobie B. Waxman
answered on May 31, 2023

Depends on what the hearing was for and what was the outcome of that hearing. Also depends on what the basis is for your claim that you were not notified of the hearing date or of the contents of the motion that was filed that resulted in that hearing.

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1 Answer | Asked in Criminal Law, Family Law and Adoption for California on
Q: I want lawyer for my lil brother cause i dont want him in prison anymore
Dale S. Gribow
Dale S. Gribow
answered on Jan 4, 2023

on all criminal cases, the court will appoint a public defender or defense lawyer if you can't afford one.

if the case is over you then need a criminal appellate attorney and most lawyers on this site are not appellate lawyers.

2 Answers | Asked in Adoption and Family Law for California on
Q: My husband in the process of a step parent adoption. But two months ago, he was arrested for DV. The case is still pendi

I’m sorry it wouldn’t let me write more above. He was arrested for DV back in July in Las Vegas. 1st count misdemeanor, but hasn’t been convicted yet. His attorney seems to think he can dismiss it since the situation was minor. We are wondering if we should continue the adoption case until... View More

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

That's not likely going to help things. Because more information is needed, he'll need to speak with an attorney. Find one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should... View More

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