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California Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for California on
Q: Can stepdad adopt child without biological father's consent in CA?

Can my stepdad adopt my child without the biological father's consent or knowledge, given that the biological father is in contact with and supports the child, but does not have any legal parental rights? The biological father does not want the stepdad to adopt the child.

James L. Arrasmith
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answered on Mar 19, 2025

In California, a stepdad cannot adopt a child without the biological father’s consent if the father is involved in the child’s life and provides support. Even if he does not have legal parental rights, he still has a say in the adoption process. The court typically requires either the... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Can adopted father take biological dad to court if I want to spend time with him?

If I am adopted by my mom's husband and now, at 18, I've found my biological dad, can my adopted father take my biological dad to court just because he doesn't want me to spend time with him? There are no legal guardianship arrangements over me by my adopted father, and my biological... View More

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answered on Mar 8, 2025

At 18 years old, you are legally an adult in California, which gives you the complete freedom to establish relationships with anyone you choose, including your biological father. Your adopted father does not hold any legal guardianship or custody rights over you anymore, so his ability to control... View More

2 Answers | Asked in Adoption, Child Custody and Civil Litigation for California on
Q: Can I request mandatory visitation if consenting to son's adoption in CA?

My child's mother has requested my consent for her spouse to adopt my son in California. My son was unlawfully taken by her from Nevada, and she successfully petitioned for full custody in California. Attempts to contact her over the years were ignored. They have filed an adoption petition,... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 21, 2025

You are either consenting to the adoption or you are not. Once the child is adopted by the step-Dad, you will lose your parental rights and lose your right to make any demands including for visitation. If you don't want that to happen then you should contest the adoption. In some... View More

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1 Answer | Asked in Family Law, Child Custody and Adoption for California on
Q: Can parents' rights impact guardianship decisions?

We have been the primary guardians of my son's little sister (same mom, different dad) in California for four years. The biological parents are in court, and there's a final date set for June 4, 2025, to decide if the biological father will retain his 50% legal rights, although he has not... View More

James L. Arrasmith
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answered on Feb 19, 2025

If the biological father's parental rights are terminated by the court, he will lose his legal standing to challenge any future guardianship arrangements. This means he would not have the authority to oppose your guardianship petition once his rights are formally ended.

When...
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1 Answer | Asked in Adoption, Estate Planning and Public Benefits for California on
Q: How to investigate potential funds from illegal adoption in CA?

In 1978, I was involved in an alleged illegal adoption facilitated by Catholic Charities in Los Angeles. I've been informed by my biological mother that there is a trust fund or retirement benefits available to me, likely stemming from a lawsuit she and others brought against Catholic... View More

James L. Arrasmith
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answered on Feb 19, 2025

Given the sensitive nature of your situation involving Catholic Charities in Los Angeles, here are several constructive steps you can take to investigate potential funds related to the 1978 adoption.

Start by contacting the California Department of Social Services, Adoptions Branch, and...
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2 Answers | Asked in Adoption and Family Law for California on
Q: How do I undo an adoption?

I have had the child 5 years, adopted 2 years now. Child not bonding with me or family. Behavior and mental not so good. Been in mental health services from day 1. Refuse to take meds.

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 5, 2024

Adoptions can be reversed (aka "vacated") under certain limited circumstances. These limited circumstances are statutory and can be found at Family Code §9100 et. seq. Such limited circumstances include if the adopted child shows evidence of a developmental disability or mental... View More

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1 Answer | Asked in Family Law and Adoption for California on
Q: I was adopted out of the foster care system when I was 12. In ca. When I turned 18 they kicked me out what can I do

I was adopted out of the foster care system when I was 12. In ca. I got pregnant at 17. And right before I had my son as soon as I turned 18 they kicked me out. I don't have have a job. I have no life skills. And they don't care. I don't want to end up like my biolocical mother. what can I do

James L. Arrasmith
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answered on Nov 25, 2024

You're in a difficult situation, but there are resources and support available right now to help you and your son.

For immediate assistance, contact California's Extended Foster Care (AB12) program at 1-877-846-1602 - even though you were adopted, you may still qualify for...
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1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: If a notice and citation to parent legal if the details are incorrect?

Notice and citation to parent for appearance at hearing Welfare& Institution code §366.26 and §366.23 Superior Court of California county of Fresno juvenile court if the details in the notice is incorrectly such as the date of birth of the minor and the minors name isn't correct and the... View More

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answered on Oct 23, 2024

If you've received a notice and citation with incorrect details such as the minor's name, date of birth, or a parent's name, it's important to address these errors promptly. Inaccurate information can potentially affect the legality of the notice and the proceedings that follow.... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: How can I get the court to take fathers rights?

We have a DV case has monitored visitations his mother is the one monitoring. He is trying to modify the visitations but has only seen him 8 times since June 28, 2023. Has not financially supported my son in almost 5 years, isn’t complying with the child support order since back in November 2023.... View More

James L. Arrasmith
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answered on Sep 25, 2024

When you go to court, it's important to present clear evidence about how the father's actions have negatively impacted your child. Since he has not consistently participated in visitations and has failed to comply with child support orders, highlight these issues. Emphasize the emotional... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: If my attorney has failed to represent me in my child custody case and he isn't standing up for me in court what do I do
James L. Arrasmith
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answered on Sep 15, 2024

If you feel your attorney is not effectively representing you in your child custody case, it's important to take immediate action. Start by having a candid conversation with your attorney about your concerns. Explain how you feel they aren’t standing up for you in court and ask for a clear... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: How does biological mother start to get custody of child after adoptive parent has died?

Adoptive parent has died . biological parent wishes to get custody after parental rights were terminated 3 years ago

James L. Arrasmith
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answered on Sep 2, 2024

If you're the biological mother and wish to regain custody after the adoptive parent has passed away, you'll need to take legal action. First, you must file a petition with the court to request a change in custody. This process will involve proving that regaining custody is in the best... View More

1 Answer | Asked in Adoption and Domestic Violence for California on
Q: If I have a restraining order for me and my children and get a charged can the CPS judge order the abuser visitation
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answered on Aug 27, 2024

If you have a restraining order protecting you and your children, the court is aware of the concerns about safety. However, even with a restraining order, a judge can still order visitation for the other parent under certain conditions. The court’s main focus is the best interests of the child,... View More

2 Answers | Asked in Adoption and Animal / Dog Law for California on
Q: Is it legal if a former foster parent of our now owned dog to keep asking us to send pictures of our dog?

i just need this anwsered please.

Robert Kane
Robert Kane
answered on Aug 21, 2024

Yes, it is legal if a former foster parent of our now owned dog to keep asking us to send pictures of our dog.

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1 Answer | Asked in Family Law and Adoption for California on
Q: can a California adoptive mom sleep in the same bed every night with 7 year old adopted son

she moved her stuff into boys room and sleeps with him every night and keeps the door locked all day every day so he has no access to his stuff

James L. Arrasmith
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answered on Aug 17, 2024

Under California law, the safety and well-being of a child are of paramount importance. While there is no specific law prohibiting a parent from sharing a bed with their child, this situation raises significant concerns about the child's emotional and psychological welfare. The act of locking... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Q: In CA, if the other parent hasn't paid child support in over a year can you terminate rights without adoption?

Custodial parent has sole custody and other parent has not paid court ordered child support or had contact in over 1 year, there's no established relationship between other parent and child and other parent has been absent most of child's life. I was previously told that custodial parent... View More

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answered on Jul 31, 2024

In California, terminating a parent's rights is a serious legal matter, and it typically requires another person to adopt the child. The main reason for this is that the court aims to ensure that the child has two legal parents who are responsible for their welfare and support. Simply... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Can an adoption be transferred to another state post adoption? If not, how do I ensure services are provided?

My 2 children were adopted out of the foster care system in Nevada although we live and have always lived in California. Now my child has several needs that should be provided for from Nevada but since we're not there they offer no other support other than a support allowance and medicaid... View More

James L. Arrasmith
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answered on Jul 24, 2024

Adoption agreements typically cannot be transferred to another state post-adoption. However, there are ways to ensure your child receives the necessary services. First, you can contact the Nevada agency that handled the adoption to clarify the support they provide and any potential resources... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: was it okay that i recorded me and my moms conversation ?

My mom denied som and so I said are you going to swear by it and she said yes so I told her that I had proof that she did say this thing and they got made at me for recording them not acknowledging the fact that I caught my mom red-handed in her lie, and they ignored that fact, but they blame me... View More

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answered on Jul 18, 2024

Under California law, recording conversations without the consent of all parties involved is generally prohibited unless certain exceptions apply. California is a "two-party consent" state, which means that all parties must consent to the recording of any confidential communication,... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Hi I’m currently in a pickle with guardianship over my younger sister she’s soon to be 3. and is in my aunts care.

At the moment, I want custody of her but have been told by social worker that they normally don’t remove the child from the home if they have been in the persons care for over a year.

James L. Arrasmith
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answered on Jun 25, 2024

Thank you for sharing your situation. It sounds like you're dealing with a complex guardianship issue regarding your younger sister. Here's some general information that may be helpful:

1. California law does consider stability and continuity in a child's living situation as...
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1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: I must adopt my hubs 2kids I've been caring4& gain control of his legal, medical & financial areas cuz he can't now.

He has a duel diagnosis and is in a therapy home. He has BPD, cognitive distortion, major depressive disorder, major anxiety, just to start.

He became more possessive, controlling, and abusive in all ways, over the span of our relationship and marriage.

Biologically the children... View More

James L. Arrasmith
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answered on Jun 19, 2024

I'm so sorry to hear about the difficult situation you and your family are going through. It sounds like a very painful and challenging time for all of you.

To summarize the key points:

- Your husband has serious mental health issues and is currently in a therapy home...
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1 Answer | Asked in Adoption for California on
Q: Can A US citizen stepfather adopt the US citizenstepdaughter of A US citizen wife wo permission from illegal bio father.

The father is in prison and will be deported in a few months.

James L. Arrasmith
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answered on Jun 13, 2024

The adoption process in this situation can be complex due to the biological father's citizenship status and incarceration. However, it may be possible for the US citizen stepfather to adopt the US citizen stepdaughter without the biological father's consent under certain circumstances.... View More

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