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Questions Answered by Kenneth Mitchell Kaplan
1 Answer | Asked in Adoption for Virginia on
Q: Does the parents have to show up in court for adoption case
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

The Petitionewrs and the minor child need to be present. If the Natural Parents signed an Answer and Waiver and Consent then their presence is not necessary.

1 Answer | Asked in Adoption for Georgia on
Q: What expenses can a licensed child placement agency pay for a birthmother with an adoption plan?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

For living expenses such as rent and utilities and additionally medical expenses associated with the pre-natal care and birth of the child.

1 Answer | Asked in Adoption for Louisiana on
Q: My husband and i have custody of my husband son.. i was wondering how can i adopt him.. the mother is willing to sign
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

You can file a Step-Parent Adoption with an Answer and Waiver and the Consent of the Natural Mother.

1 Answer | Asked in Adoption for Louisiana on
Q: How do i unseal adoption records in louisiana
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

It is necessary file a Petition with the Clerk of the Courts in the jurisdiction where the Adoption was entered.

1 Answer | Asked in Adoption for Texas on
Q: I was adopted at age 5 by publication in newspaper. Can this adoption be undone. Age Ten my Biological Father found out.
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

No, a Judgment entered five years earlier can only be vacated in the event there was a fraud upon the Court.

1 Answer | Asked in Adoption for New York on
Q: I want to open 61 yr old ny adoption record
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

You must file a Petition to Unseal the Adoption in the jurisdiction where the Adoption took place.

1 Answer | Asked in Adoption for Ohio on
Q: Can my boyfriend adopt my son without us getting married?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

No, because for him to adopt he would be adopting your child. If you were married then you can jointly file a Petition for Step-Parent Adoption

2 Answers | Asked in Adoption for Pennsylvania on
Q: Can my sister adopt my adopted son?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

Yes, because the child you adopted is your child and you and your Wife can consent to another relative adopting your child

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1 Answer | Asked in Adoption for Tennessee on
Q: Where can i find the petition to answer the courts about stopping a adoption?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

Usually, the Court has forms to file an Answer.

1 Answer | Asked in Adoption for Connecticut on
Q: Can the birth mother give the child up for adoption even if tehe birth father wants the child?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

The birth father needs to establish that he is the Fatherby filing some documentation to Establish Paternity. If he does, then his Consent is necessary. But just saying that he is the Father will not typically require his Consent.

1 Answer | Asked in Adoption for Ohio on
Q: Can the biological parent contest a adoption after it is final?

If so how long do they have

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

It is necessary to file a Motion to Vacate a Final Judgment of Adoption. This needs to be done quickly in most States a one year time limitation exists to vacate any Final Judgments.

1 Answer | Asked in Adoption for Louisiana on
Q: Does my biological father have to give consent for me, as an adult to be adopted by step-father in state of Louisiana?

I am 25 years old and wish to have my step-dad adopt me and remove my biological father's name from my birth certificate and add my step-dad. Does my biological father have to give permission since I am an adult. I am married and have two children, and all of us just want to be joined as a... Read more »

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

An Adult does not typically need the Consent of a Parent to Adopt but the parent is typically required to be noticed of the proceedings.

1 Answer | Asked in Adoption for North Carolina on
Q: How do I file a petition to open sealed adoption records? I know nothing about my REAL parents(name,address,DOB nothing)
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

You must File a Petition to Unseal an Adoption and explain the reasons why you need the records unsealed. Medical reasons are usually approved by the Court.

1 Answer | Asked in Divorce for Missouri on
Q: My husband is an attorney-he has submitted divorce papers to me to sign that have false statements what do I do?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

I would contact the Bar and report his attempts to make a misrepresentation to the court or commit a fraud upon the Court

1 Answer | Asked in Divorce for Florida on
Q: I want to create a Limited Warranty Deed, indemnifying me in my divorce from all liability on our mortgage. Is this ok?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

It is fine to prepare an indemnification clause regarding marital debts in a dissolution of marriage action, and you are able to sue the other party for their failure to comply, but creditors are not parties to your divorce and will pursue whoever they desire to sue.

1 Answer | Asked in Family Law for Louisiana on
Q: When a boy is 18 and a girl is 15 and they have sex what is the charge?
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

A lewd and lascivious act upon a minor.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I am a 59 year old woman who is disabled and the victim of emotional abuse. My husband will not ever give me money, he

Verbally abuses me, and I have no transportation as he has had my old vehicle towed under the guise of having it repaired. (3 weeks ago.)He tells me he makes his own schedule at work,and almost weekly goes to dental appointments for his $expensive new teeth,I have had to cancel doctors appointments... Read more »

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

It is necessary for you to obtain a Domestic Violence Restraining Order and Petition for exclusive use and occupancy of your home.

The Domestic Violence Statute does allow you to petition for emergency temporary relief such as emrgency temporary alimony which you should pursue.

1 Answer | Asked in Family Law for Florida on
Q: What is threat of violence molest n bulling
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

In Florida you should seek a Temporary Restraining Order against Domestic Violence if you are in imminent fear of danger.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What do I need to do to aquire Grandparents rights.

I was listed supervisor of visits with my grandchildren & thier father (my son) the mother has not honnored any visitation in over a year now. I know Florida recognizes grandparents rights however I do not know how to go about this & does it also not put her in contempt?

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

The Father needs to file a Motion For Contempt of Court and seek sanctions such as make-up visitation.

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1 Answer | Asked in Family Law for Florida on
Q: Is there any way to get help paying for an attorney? I need one very bad and have no funds to pay for one at this time.
Kenneth Mitchell Kaplan
Kenneth Mitchell Kaplan answered on Apr 23, 2011

Contact the Florida Bar and request an Attorney from their Pro Bono list. Additionally Legal Aid Society and Legal Services provide legal

assistance to indigent people.

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