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California Adoption Questions & Answers
1 Answer | Asked in Family Law and Adoption for California on
Q: If a child was adopted, but is now in foster care, can the biological families do anything to help the child?

The adoptive parents are separated and the husband has a restraining order against his wife, the wife is in a mental hospital. The biological families had been allowed contact and visits with the child because the adoptive parents allowed it, but CPS did not contact any of the childs biological... View More

James L. Arrasmith
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answered on Mar 20, 2024

In California, when a child is placed in foster care, biological families may have options to intervene, especially if they have maintained a relationship with the child. The first step is to contact the local Child Protective Services (CPS) office handling the case. Express your interest in the... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Anything else you need from me about civil case i got the police report the police record and restore people who

Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... View More

1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:

1. Report the abuse: Contact the local police department or sheriff's office to report the abuse....
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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: Could you please clarify the roles of the various attorneys in this child dependency case?

I want to understand how they collaborate and ensure everything is handled appropriately

James L. Arrasmith
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answered on Feb 22, 2024

In a child dependency case in California, several attorneys play critical roles, each representing different parties involved in the case. The child or children in question are represented by a child's attorney, appointed to advocate for their best interests and legal rights throughout the... View More

2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

William John Light
William John Light
answered on Feb 3, 2024

You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More

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1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: I’m seeking legal guidance regarding my sons’ non-relative care placements. False information about my background check

Additionally, my kids were placed out of county without a court order, neglecting the involvement of Native American tribes as required. Misinformation has also been provided, such as implying a restraining order against my kids’ father could influence their return. How can I address these legal... View More

James L. Arrasmith
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answered on Jan 26, 2024

Addressing these concerns starts with ensuring that all legal requirements, especially those pertaining to child welfare and Native American tribes, are being followed. If your children have Native American heritage, the Indian Child Welfare Act (ICWA) requires specific procedures to be followed in... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: I live in Ca my ex girlfriend and I have a child she basically abandoned him got pregnant again then got a cps case

The baby ended up being mine I went to court and did dna test now cps is asking questions about my child who doesn't have a case with them and came to a home visit to check if I could get the newborn but were more focus on my other child ask me to remove his diaper to check him said it was... View More

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, Child Protective Services (CPS) is authorized to investigate situations where a child's welfare might be at risk. This includes situations where there is a concern about abuse or neglect. If you have a child living in your household and another child is under... View More

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for California on
Q: What can a person do if government takes there CHild under suspicious circumstances?

6 months and no Discovery

James L. Arrasmith
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answered on Jan 11, 2024

Under California law, if your child has been taken by the government under questionable circumstances, it's important to take immediate action. First, request a copy of the court order or the paperwork that led to the removal of your child. This documentation will outline the reasons for the... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights.

I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only... View More

James L. Arrasmith
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answered on Dec 25, 2023

Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
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answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

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1 Answer | Asked in Family Law, Juvenile Law and Adoption for California on
Q: If my brother adopted my children in juvenile dependency court, is there any way to get visits through family law?
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answered on Dec 15, 2023

In California, if your brother has adopted your children through juvenile dependency court, the situation regarding visitation rights can be complex.

After an adoption is finalized, the legal relationship between the biological parents and the children is typically severed, and the adoptive...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Adoption for California on
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help

What is the best thing to do

James L. Arrasmith
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answered on Dec 10, 2023

Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals... View More

1 Answer | Asked in Probate, Family Law and Adoption for California on
Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.

Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption... View More

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological... View More

1 Answer | Asked in Adoption, Child Custody, Civil Rights and Family Law for California on
Q: Can cos just put child up for adoption without seeking family knowing grandparent and more family wanted baby

My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every... View More

James L. Arrasmith
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answered on Nov 21, 2023

In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Adult adoption in California: replacing only one parent, what needs to be done?

I am an adult. My birth parents have been divorced for many years. The intention is that I would be adopted by my aunt, who lives in California. As I understand it, the adoption would then "sever" the parent-child connection between myself and my birth parents. However, I do not wish... View More

James L. Arrasmith
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answered on Nov 11, 2023

In California, adult adoption typically involves the complete replacement of both birth parents, legally severing the relationship with them and establishing a new one with the adoptive parent(s). However, in your case, where you wish to maintain the legal relationship with your birth father while... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Can a biological father fight a de facto parent for custody because they have his half brother?
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answered on Oct 16, 2023

Under California law, both biological parents and de facto parents can have standing to seek custody and visitation rights. A biological father retains his rights unless they have been legally terminated. On the other hand, a de facto parent, someone who has assumed the role of a parent, can also... View More

2 Answers | Asked in Adoption for California on
Q: Do you have to be married in California to adopt?
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answered on Oct 14, 2023

In California, one does not need to be married to adopt a child. Both single individuals and unmarried couples can pursue adoption. The primary concern for adoption agencies and courts is the best interest of the child. They will evaluate potential adoptive parents based on various factors,... View More

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1 Answer | Asked in Family Law, Adoption, Child Custody and Legal Malpractice for California on
Q: Does the statute of limitations exist if there is discovery about a dependency case from 9years ago do I have options

The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children... View More

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answered on Oct 12, 2023

In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If... View More

3 Answers | Asked in Family Law, Adoption, Civil Rights and Constitutional Law for California on
Q: What to do when the judge is corrupt and the county prosector is corrupt and they both ignore your Affidavits/evidence?

Allegations were made that I have been involuntarily committed to a psychiatric hospital because I have suicidal ideation and a history of emotional and mental problems according to the prosecutor . Fact I've never been in any mental hospital ever!! And have never been to a psychiatric Dr for... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

A judge can be only judge the credibility of witnesses and weigh whatever evidence is presented. Obviously one factor they consider is whether a witness has a logical motive to be untruthful, for example if there is some consequence to that person.

Your attorney’s job, or your job if...
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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

T. Augustus Claus
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answered on Sep 29, 2023

The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More

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