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Questions Answered by Kenneth Mitchell Kaplan
1 Answer | Asked in Family Law for Florida on
Q: Can a judge grant parental responsibility & visitation to a parent who develop a criminal background during marriage?

3 DUI within 10 years

Domestic battery

Possession of marihuana

Habitual traffic offender

Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Jun 28, 2012

These are deemed minor crimes and should not prevent Time Sharing.

1 Answer | Asked in Family Law for Florida on
Q: If i was to apply for child support and dna testn was done does this intitled the father rights?

If i was to apply for child support and they found my daughter's father and did the dna test and it was found that he was the father does that automatically give him rights to her? (we were never married) also how would i go about getting those rights removed if he was entitled to right? see the... Read more »

Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Jun 28, 2012

He needs to file a Paternity Suit in order to enforce his rights.

1 Answer | Asked in Family Law for Florida on
Q: I live in Fl (Polk County) and my ex husband will not let me move out of the county. What can I do? I am also unemployed
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Jun 28, 2012

You can move at anytime. You can move with your children if you comply with the Relocation Statue.

1 Answer | Asked in Family Law for Florida on
Q: My children don't want to visit their father and I also have reasons to believe that he is using drugs, what should I do
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Jun 28, 2012

Motion to Restrict Contact and Motion for Drug Testing.

2 Answers | Asked in Family Law for Florida on
Q: I have a sanction on my name how do to no father being on the birth certificate how do I go about removing the sanction
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Jun 28, 2012

Submit an acknowledgement of Paternity to the Putative Family Registry.

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1 Answer | Asked in Adoption for New York on
Q: How do I get a copy of my original birth certificate with my bio parents names in NY
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

You will have to Petition the Court to Unseal the Adoption to try to locate your Birth Certificate.

1 Answer | Asked in Adoption for Texas on
Q: What if a 17 yr old wants to leave her adopted parents and go back to biological parent can she
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

No, once the child has been adopted she is considered the child of the Adopted Parents who have all rights over her.

1 Answer | Asked in Adoption for Alabama on
Q: How do i adopt my step child? the father is not on the birth certificate and has abandoned her?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

The Step-Parent needs to be published and I would be specific as it relates to the Alleged Putative Father but also publish as to all possible fathers.

1 Answer | Asked in Adoption for Montana on
Q: How would i be able to print out the forms for stepparent adoption if it wont show up
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

Contact an Attorney and they can prepare the Petition for Step-Parent Adoption on your behalf.

1 Answer | Asked in Adoption for Texas on
Q: When trying to open sealed adoption files what do i put in the "in the matter of" blank on the petition form?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

It is in your best interests to give a legitimate reason to unseal such as a medical need to find out who your biological parents are.

1 Answer | Asked in Adoption for Oklahoma on
Q: Why can't I adopt a foster child that I have had since birth since his parents are getting their rights terminated?

I have had this child for 12 weeks and DHS is looking to allow either an aunt or ex-aunt to adopt him. Aunt has an issue that concerns me.

Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

I believe you can Petition to Adopt the child so long as DHS consents to your application.

1 Answer | Asked in Adoption for Virginia on
Q: Can I file a stepparent petition to adopt without an attorney
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

Yes, a Step-Parent Adoption is a very simple process which can be filed without the assistance of an attorney so long as you have the Consent and Answer and waiver of the parents.

1 Answer | Asked in Adoption for Indiana on
Q: How do i get in to adopted records
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

You must file A Petition to Unseal your Adoption records.

1 Answer | Asked in Adoption for Montana on
Q: If I am adopted and the adoption is closed, can i find out who my birthmother is?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

You must Petition to Unseal an Adoption.

1 Answer | Asked in Adoption for Texas on
Q: I was adopted in Houston and am attempting to get my adoption file opened. Do I need a lawyer for that? I live in AZ now
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

In order to Petition to Unseal and Adoption it would be in your best interests to use an Attorney.

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