Questions Answered by Jason F. Barnes
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.
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.
Q: Are siblings required to be adopted together?
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.
Q: I am over 18 years old and I want to now if my step dad can adopt me?
Yes.
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 »
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
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 »
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.
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?
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 »
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.
There are a lot of questions be asked, so if you want to call our office, we can direct you.
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 ?
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 »
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 »
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 »
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 »
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 »
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?
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 »
Q: I have full custody of our four children, and my x husband has parent time. i would like to relocate out of state
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.
Q: Do I have to have a lawyer to find my birthparents if it's a closed adoption?
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.
Q: My divorce was final in September 2012. My ex-husband is now breaking our verbal agreement. What can I do?
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.
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 »
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.
Q: Can I stop my ex-wife from taking our children to a foreign country
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.
Q: Does a 13 year old in a Step Parent adoption have to go to court? The bio father has signed off.
Yes, unless the Court waives the requirement. See U.C.A. Section 78B-6-136.
Q: Step child adopt in utah, biodad been absent since pregnancy and not on birth certificate. Do we still need his consent?
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.
Q: When paying child support can the support be based on income from overtime pay?
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.
Q: I am a single mom and i am pregnant with a another child do i have full custody of the baby or no?
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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