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Minnesota Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?

My daughter is almost 5.

Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old.

We had mediation at that time and we agreed to start out with a couple hours a few... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable... View More

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: What are my leagle rights if I was told I mite be the father of a 1 year old boy that had been in children services
Robert Kane
Robert Kane
answered on Mar 28, 2024

The fact you were "told [you] mite be the father of a 1 year old boy that had been in children services" doesn't give you any rights. You need to determine how you want to proceed.

1 Answer | Asked in Family Law, Adoption and Child Custody for Minnesota on
Q: How can my new husband adopt my daughter who’s been fatherless for 3 years he don’t reach out to her in 3 years ?

He don’t support her in any way he don’t call to talk he don’t reach out to me period my new husband has been there for her how can I get my new husband to adopt her legally

Robert Kane
Robert Kane
answered on Jan 6, 2024

The father will need to consent to the step-parent adoption or you will need to convince the judge to proceed without it. The judge will need more information than just your statement.

1 Answer | Asked in Family Law and Adoption for Minnesota on
Q: My ex wife and her new husband Adopt my daughter I did Not Give up my parental rights I never received nothing in court

I know that I wouldn’t brelinquish my parental rights For nothing in the world so for this to happen is pretty devastating But more so it’s not right for someone to literally take someone’s child

Robert Kane
Robert Kane
answered on Oct 23, 2023

In most situations, you would have been notified. You can likely contest the adoption.

1 Answer | Asked in Adoption for Minnesota on
Q: I WAS ADOPTED IN 1967 MY BIRTH MOTHER USED A MAN THAT WAS NOT MY REAL FATHER! DOES THAT MAKE MY ADOPTION INVALID?

SHE USED THIS OTHER MAN TO OBTAIN CONSENT FOR MY ADOPTION AS MY REAL FATHER WAS IN VIETNAM!

Robert Kane
Robert Kane
answered on May 16, 2023

As you may imagine, this isn't something that comes up often. I think your adoption is valid. In California, I believe an adoption needs to be contested within one year or three if fraud is alleged. I would need to check for Minnesota.

Why is this a concern?

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: Hello, I have been taking care of my nephew, every weekend, since his birth( he is 2.5). What could I do to legally

A guardian, his mother does not work, and really does not provide for him.

Corwin Kruse
Corwin Kruse
answered on Jul 14, 2022

You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... View More

1 Answer | Asked in Immigration Law and Adoption for Minnesota on
Q: How soon after getting adopted a foreign child becomes eligible for immigration benefits?

When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting... View More

Agnes Jury
Agnes Jury
answered on Jul 15, 2021

A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:

The child is adopted in the United States or abroad;

The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted...
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1 Answer | Asked in Immigration Law and Adoption for Minnesota on
Q: French citizenship through (french) stepfather?

My stepfather (legally) married my mother a few years ago while I was a teenager. He is from France, and he lives in the US as a permanent resident but is still a French citizen.

I read that under French law, plenary adoption can occur until age 20, and citizenship is automatically granted... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 8, 2020

Call the French embassy in Washington DC or Minneapolis Minnesota if there is one in Minneapolis, and start the process there. The staff employees at the consulate can tell you in about five minutes whether or not you qualify for French citizenship. I wish you the best of luck

1 Answer | Asked in Adoption, Domestic Violence and Family Law for Minnesota on
Q: Can I get emancipated at 16 if I’m emotionally and verbally abused by both sides of parents?

My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... View More

Roger Adams
Roger Adams
answered on Apr 30, 2020

First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal... View More

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: Can I get adopted after being emancipated?

I want to get emancipated because of failure to parent, can I get adopted by someone else, or is there a different process to that?

Roger Adams
Roger Adams
answered on Apr 30, 2020

Yes. You are legally considered to be an adult, however Minnesota law is clear:

259.241 ADULT ADOPTION.

(a) Any adult person may be adopted, regardless of the adult person's residence. A resident of Minnesota may petition the court of record having jurisdiction of adoption...
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1 Answer | Asked in Contracts, Criminal Law, Adoption and Animal / Dog Law for Minnesota on
Q: Can we be sued?

Me and my boyfriend got a puppy and we weren’t able to keep him due to us having a baby on the way and it added tons of stress we didn’t need, so we gave him to the human society. The person we bought the dog from found out and is telling people we signed a contract and we didn’t pay for the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 30, 2019

Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. Save all your receipts, text messages, emails and all other documents.

1 Answer | Asked in Adoption, Child Custody and Wrongful Death for Minnesota on
Q: How can I get legal custody of my 2 great-nephews whose mother and 2yr old sister were just killed in an auto accident?

My niece and her youngest child were killed 4/2/18 And her 2 surviving children were taken from our care by the biological father of the younger child. They were taken to their "grandmothers " whom ny niece has told several authorities and family members she would never want her children... View More

D. Patrick McCullough
D. Patrick McCullough
answered on Apr 17, 2018

Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: My wife and I had a baby using a sperm donor and got married when same sex marriage was legalized. How can I adopt her?
Lucas Wynne
Lucas Wynne
answered on Mar 4, 2017

Unfortunately, your question is too vague for me to interpret it and provide an answer. Whether you are heterosexual or homosexual (which I cannot determine from your question), the same sex marriage legalization would be of no consequence as both types of marriages are treated equally under the... View More

1 Answer | Asked in Adoption for Minnesota on
Q: My wife's friend wants us to adopt her child she lives in Missouri we live in Minnesota. We have a home study. What next

We want to know how to take baby home after birth of child. What paper work needs to be done to make this happen. This is our last chance to become parents.

Thanks

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

Has the baby been born as of today? Hire an attorney to help you, many offer reduced fees for adoptions.

1 Answer | Asked in Family Law and Adoption for Minnesota on
Q: If there is an adoption, and children are adopted, do the paternal grandparents have any legal rights?
Robert Douglas Kane Jr
Robert Douglas Kane Jr
answered on Dec 20, 2010

No, grandparents have no visitation rights unless established by a court order. These rights are difficult to establish under normal circumstances and most likely impossible after an adoption.

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