Get free answers to your legal questions from lawyers in your area.
She lived with her mom until about 2 months ago. Her mom does not want to be responsible for her any longer and wants off of her birth certificate. Her mom also wants my wife and me to adopt her. As her father, I do not see why I would adopt my own child. Her mom states that if I do not adopt her... View More 
answered on Jul 24, 2020
While you would not have to adopt her, you and her mother would have to consent to your wife adopting. An intrafamily adoption is a fairly simple and affordable process. An attorney that handles adoptions can fill you in on the process and costs.
The biological dad lives in California and hasn't had anything to do with my son for 9 years. My husband and I live in Louisiana. We don't know if there's anyway we can represent ourselves, or if we just have to have an attorney.
answered on Jun 23, 2020
I strongly recommend hiring a lawyer to handle your intrafamily adoption. The requirements for an adoption are specific, and a simple mistake can make the adoption invalid. Intrafamily adoptions are quicker and generally are less costly than a private adoption.
I have a stipulated judgement for child support with no arrears (no late payments and all according to the judgement) paid directly to mother. There is no end date or termination conditions specified in the judgement. Son is the only child with the mother, who is the custodial parent. Son turned... View More
answered on Jun 19, 2020
Your child support obligation ended on the date the child graduated.
answered on Jun 22, 2020
An Intrafamily Adoption would be in order. This process is not as complicated and doesn't take as long to complete as a private adoption. An attorney who handles adoptions can walk you through the process and give you a rundown of anticipated costs.
answered on Jun 15, 2020
If you have collision coverage on your insurance, you can file a claim against it to cover your property damage. If you have uninsured motorist (UM) coverage, that would cover your losses for any injuries you sustained. An experienced personal injury attorney can review your auto insurance policy... View More
My brother is currently incarcerated at Angola and he has given me power of attorney. Before he was charged and convicted he and the mother of his only child did have a court order for joint custody in place issued in Orleans Parish. What I am trying to find out is since I have power of attorney... View More
answered on Jun 10, 2020
An attorney would have to review the power of attorney to determine whether it would convey the right to grant custody. Even if the POA isn't sufficient, you (or anyone with an interest in the wellbeing of the child) can seek custody, although keeping custody with the mother would have to be... View More
this child is 16 years old i have been going to jail behind this matter i was told to establish paternity in which i did so. Now i'm being told that it doesn't matter that i established paternity i need a Disavow form to be filed and i can't file it myself i really need some help. I... View More
answered on Jun 5, 2020
Being biologically not the father of the child and being legally not the father are different things. Technically, a child could have 3 different "legal" fathers: biological, legal, and adoptive. If you are legally the child's father, you should file to disavow paternity within 1... View More
Grandchild adopted. But,family blood
answered on Jun 3, 2020
If the grandchild was adopted by the grandfather and the grandfather didn't have a will, then the grandchild is legal heir to the the home, assuming grandfather had title. You should consult with a successions lawyer as soon as possible.
We have joint custody of our 6 year old son, but I am the domiciliary parent. My son's father is supposed to have him every other weekend and on Wednesday nights during the school year. During the summer we do week on/week off. We alternate holidays such as: Christmas, 4th of July, New... View More
answered on Jun 3, 2020
You can file a Rule for Contempt. You can also ask that the visitation provisions be modified to eliminate these extra days since he's not taking advantage of them.
Her mother refuses to give child back. We live in ga and they live in lousiana. The Mother lied about having an apt and doing well and is currently living in a one bedroom apartment with the child's aunt. But is refusing to let us come back and get her. It was supposed to be a visit bc she... View More
answered on May 28, 2020
You should consult with an attorney as soon as possible to review the custody papers you have and advise on your options. Your next step will likely depend on whether the papers you have giving you temporary custody were signed by a judge.
Meaning if the adoptive parent is the spouse of the biological parent & adoptee is an adult would judicial consent be needed?
answered on May 19, 2020
If the adoptive parent is the spouse of a biological parent, then judicial consent is not required.
He is not listed as the father on her Birth Certificate, it is blank. I was young and naive and thought I was going to get child support from him. They had to establish paternity but he did not show up in court. I received a letter a few months letter basically saying in the eyes of the court he... View More
answered on May 15, 2020
The biological father's consent is not required if he has failed to communicate (or attempt to) without just cause for over 6 months, or if he's failed to comply with a a court order of support for over 6 months.
Can a intrafamily adoption be reversed after 4 years if the parent wants to regain custody and now has the means to take care of the child?
answered on May 12, 2020
No, adoptions are permanent and cannot be "undone", except possibly in cases of fraud or the adoption was defective in some way (ie. if the pleadings or procedure weren't correct).
My fiance would like to adopt my daughter and her biological father is okay with the decision. How will I go about this? Also we reside in Texas and the father lives in Louisiana.
answered on Apr 20, 2020
The bio dad's surrender would have to be filed in the adoption proceedings. You need to consult with an attorney who handles intrafamily adoptions, such as myself, to discuss the process and anticipated costs. Intrafamily adoptions are not nearly as complicated as a private adoption and are... View More
My husband and his daughter mom has a custody agreement but the mom has never really followed the agreement. The agreement states that neither parent should question the child about the other parent. Since the agreement she has caused tension between him and his daughter. My step-daughter refuses... View More
answered on Apr 20, 2020
He needs to hire a custody/family law attorney to file a Rule for Contempt and to Amend Custody.
I know with the virus everything is crazy but my child is 18 and officially done with high school and has moved out of his mothers house. The mother claims that she is taking me back to court for more money and for me to have to pay for his college. How is this legal and how can I get my obligation... View More
answered on Apr 20, 2020
If the child is 18 and has graduated high school (or if he is no longer attending), then you no longer owe support for that child. Child support is not legally owed for a child who is attending college (unless perhaps he is dually enrolled in both high school and college).
What can I do about this? The sheriff’s department said they won’t go with me to her house. I can only file a report with them.
answered on Apr 1, 2020
You need to file a rule for contempt. The judge can punish her for not complying with the judgment. Contact a custody lawyer to help you with this. She can be ordered to reimburse you for some or all of your attorney fees.
My daughters father has abandoned her, i'm remarried, but do not have the funds to pay adoption fees for my husband to legally adopt her. Non-custodial parent hasnt had any contact in almost 5 years, my husband has been her "dad" for the past 8 years.
answered on Mar 20, 2020
His rights can only be terminated by action of the State (for example, in a OCS proceeding) or for purposes of an adoption. In this case, your husband can adopt the child, most likely without the father's consent. Intrafamily adoptions generally are not as expensive or complicated as a... View More
If not, is there another way his rights can be terminated. She is going to be 10 soon and has seen her only 2 times. Once when she was a couple weeks old and once when she was a toddler.
answered on Mar 18, 2020
He can voluntarily surrender his rights for purposes of surrendering the child for adoption. For instance, if your husband wishes to adopt her, he can surrender. Technically, if he has failed to communicate with the child without just cause for the last 6 months, his consent isn't even required.
answered on Mar 17, 2020
I think common sense will dictate the answer to this question. The pandemic alone doesn't justify denying visitation in my opinion. However, the individual circumstances of each case will probably dictate whether the child would be potentially exposed by allowing visitation. As an example,... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
