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Questions Answered by Jason F. Barnes
1 Answer | Asked in Adoption for Utah on
Q: On a private adoption in Utah, can I accomplish this without a lawyer? I just cannot simply afford one.

Background. We met a couple back in 2012 and the woman was about 6 months pregnant. The couple was not ready to start a family. They were married (since divorced). Anyway they asked us to adopt the unborn child. We were advised by Hill Afb legal to get a written statement from the couple giving up... Read more »

Jason F. Barnes
Jason F. Barnes answered on Oct 14, 2019

You are welcome to contact our office and we can discuss this further. 801-546-3874.

1 Answer | Asked in Family Law and Adoption for Utah on
Q: I became pregnant through sexual assault, can I have the fathers parental rights terminated? Where do I terminate?

The assault was in in Kansas, to my knowledge the father is in Montana and I live in alberta. I would like to adobt out to my sister in Utah.

Jason F. Barnes
Jason F. Barnes answered on Apr 2, 2019

What you are asking is highly complex and the correct answer is fact dependent. Please have your sister contact our office so we can discuss the same. Phone #801-546-3874.

1 Answer | Asked in Adoption for Utah on
Q: Are siblings required to be adopted together?
Jason F. Barnes
Jason F. Barnes answered on Jul 5, 2018

The quick answer is no, but if you are talking about foster care adoptions, the DCFS will give preference to those who are willing to do so, for obvious reasons. If you would like to further discuss, please call our office at 801-546-3874.

1 Answer | Asked in Adoption for Utah on
Q: I am over 18 years old and I want to now if my step dad can adopt me?
Jason F. Barnes
Jason F. Barnes answered on Apr 4, 2018

Yes.

1 Answer | Asked in Adoption for Utah on
Q: Husband previously married and raised ex's daughter as his own. Can he still adopt even though married to others now?

Mother doesn't know father of child. Married my now husband when child was very young and he raised child as his own. They divorced when she was about 5 but he continues to raise her by paying non-mandated child support and has custody every weekend. None of this is legally mandated as they... Read more »

Jason F. Barnes
Jason F. Barnes answered on Mar 23, 2018

Yes, there is a chance that he could adopt her. Give us a call so we can discuss this in detail and more fully determine the answer to your question.

PH: 801-546-3874

1 Answer | Asked in Adoption for Utah on
Q: How do I go about adopting a young man who I have been guardian of for twelve of his thirteen years?

When the young man first came into my life, his mother had been caring for him. Soon after, the mother signed her parental rights over to the father. The father lives here in Utah, and has only seen him four or fives times in twelve years with no support. The mother now lives in New Mexico. She has... Read more »

Jason F. Barnes
Jason F. Barnes answered on Feb 26, 2018

Great questions, but in order to answer your questions, there are a lot of personal questions I need to ask you, which I am sure you don't want out in the open. Please call our office at 801-546-3874 and ask for myself, Jason Barnes.

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: What is the process for a step parent to adopt the child of his/her spouse?

My boyfriend and I are thinking about getting married. He wants to adopt my child, who's 4. I'm not sure of who his biological father is. I registered him as a single mother. Only me is on the birth certificate. How soon after we get married can we start the process and what is the process for that?

Jason F. Barnes
Jason F. Barnes answered on Aug 8, 2017

To answer your first question, you can start the adoption process now. However, please understand that 78B-6-136.5 states:

(2)(a) If the prospective adoptive parent is the spouse of the pre-existing parent, a final decree of adoption may not be entered until the child has lived in the home...
Read more »

1 Answer | Asked in Adoption for Utah on
Q: My wife (and her ex-husband) adopted 2 children from Vietnam in 1999. Do they need to be "re-adopted" into the U.S.?

They filled out the adoption papers and had everything signed when they left Vietnam but never officially re-adopted the kids. Now that they are 18 and wanting to apply for college they show up as "non-citizens" even though they both have birth certificates and social security numbers.

Jason F. Barnes
Jason F. Barnes answered on Jul 27, 2017

There are a lot of questions be asked, so if you want to call our office, we can direct you.

1 Answer | Asked in Adoption for Utah on
Q: adoption

I am a lawful permanent resident and my son is not my husband's biological son, I would like for my husband to adopt my son here in the US, I have the legal custody of my son is that possible, without the biological father consent ?

Jason F. Barnes
Jason F. Barnes answered on Jun 12, 2017

Your question, although seemingly simple, is very complicated and requires a lot more facts and analysis. If you would like, I would be happy to speak with you by phone if you would like to call my assistant and schedule up a phone consultation, or you can come and meet with me. The consult... Read more »

2 Answers | Asked in Adoption and Family Law for Utah on
Q: Will it be easy to have my husband adopt my kids?

I have 3 kids from 2 different father's. My teenage daughters are from a dad who doesn't pay child support and lives in Kansas. He has not had any communication with them for 5 years since he got remarried. And my son who is 8, his father is incarcerated. Does my situation require a lawyer, or... Read more »

Jason F. Barnes
Jason F. Barnes answered on Dec 14, 2016

You can represent yourself in any court matter, the question is, do you know what you are doing? Adoption law is very complex, and this will be especially true for the facts you have provided. We offer free consultations and I suggest that you contact our office to at least get the details as... Read more »

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2 Answers | Asked in Adoption for Utah on
Q: How do I adopt my former step-son (Kevin), who is now an adult?

We both consent to the adoption, but there are two issues that could create challenges:

1. Kevin's mother and I are divorced.

2. Kevin and I live in separate states. He lives in Utah, I live in Florida.

My questions:

1. Do I need consent from birth parents?... Read more »

Jason F. Barnes
Jason F. Barnes answered on Dec 14, 2016

Actually, the problem you have here in Utah, at the present moment (the buzz on the streets right now is that this might be changed next year) is that where you and his mother are divorced, when you adopt Kevin it will terminate his mother legal relationship with him. Here is the statute (see #1... Read more »

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1 Answer | Asked in Adoption for Utah on
Q: My husband and I have been asked by his first cousin to adopt her baby that is due in April. She lives in another state.

The child will most likely have special needs (because of his mother's drug addiction) as well. What steps do we need to take before we fly to Hawaii to pick up the baby? While we are there, we are only able to stay for about a week. What action needs to take place while we are in Hawaii?

Jason F. Barnes
Jason F. Barnes answered on May 19, 2016

I realize that this has already happened, but for future viewers, you most likely have to comply with the ICPC laws and obtain ICPC approval from both states' compact administrators. Private direct placement adoptions are very complex and require an attorney who knows what he/she is doing in order... Read more »

1 Answer | Asked in Family Law for Utah on
Q: I have full custody of our four children, and my x husband has parent time. i would like to relocate out of state
Jason F. Barnes
Jason F. Barnes answered on Feb 2, 2013

The question is very fact dependent. I suggest that you call my office 801-546-3874 so we can discuss this matter in detail. Because of the nature of the question, any attorney you talk with about this will have to make sure that they do not have a conflict of interest.

1 Answer | Asked in Adoption for Utah on
Q: Do I have to have a lawyer to find my birthparents if it's a closed adoption?
Jason F. Barnes
Jason F. Barnes answered on Jan 14, 2013

The short answer to your question is no, you can represent yourself in any legal matter. However, the question you should have asked is, can an attorney help me find my birthparents if it was a closed adoption? The answer is, probably not.

2 Answers | Asked in Divorce for Utah on
Q: My divorce was final in September 2012. My ex-husband is now breaking our verbal agreement. What can I do?
Jason F. Barnes
Jason F. Barnes answered on Jan 14, 2013

It depends entirely upon the facts and circumstances. You are welcome to call my office to discuss the matter in further detail assuming we do not have any conflicts with the parties.

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1 Answer | Asked in Adoption for Utah on
Q: In Utah, how do I adopt my wife's 3-year-old who has been under my care for 2 yrs? Biological father has done nothing since child was 6-months-old

My wife and I have been married for 1 year and 6 months. She and her ex-husband had a child, but got divorced.

They separated when their daughter was maybe 6 months-old.

I have been providing for the child ever since. We got married after she was divorced.

I am in the... Read more »

Jason F. Barnes
Jason F. Barnes answered on Nov 8, 2012

The question is very fact dependent. I suggest that you call my office so we can discuss this matter in detail. Because of the nature of the question, I will have to make sure that I do not have conflict of interest.

1 Answer | Asked in Family Law for Utah on
Q: Can I stop my ex-wife from taking our children to a foreign country
Jason F. Barnes
Jason F. Barnes answered on Nov 7, 2012

The question is very fact dependent. I suggest that you call my office so we can discuss this matter in detail. Because of the nature of the question, I will have to make sure that I do not have conflict of interest.

1 Answer | Asked in Adoption for Utah on
Q: Does a 13 year old in a Step Parent adoption have to go to court? The bio father has signed off.
Jason F. Barnes
Jason F. Barnes answered on Nov 7, 2012

Yes, unless the Court waives the requirement. See U.C.A. Section 78B-6-136.

1 Answer | Asked in Adoption for Utah on
Q: Step child adopt in utah, biodad been absent since pregnancy and not on birth certificate. Do we still need his consent?
Jason F. Barnes
Jason F. Barnes answered on Nov 7, 2012

The answer to this question is highly dependent upon several facts. I am an adoption attorney. If your interested, you may contact me at my office and I would be happy to speak with you via a phone appointment. 801-546-3874.

1 Answer | Asked in Family Law for Utah on
Q: When paying child support can the support be based on income from overtime pay?
Jason F. Barnes
Jason F. Barnes answered on Jan 11, 2012

The question is very fact dependent. I suggest that you call my office so we can discuss this matter in detail. Because of the nature of the question, I will have to make sure that I do not have conflict of interest.

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