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California Adoption Questions & Answers
1 Answer | Asked in Family Law and Adoption for California on
Q: Can i hire a lawyer to go through the process of unsealing a birth record for me in california?

i need to get my grandmothers (still alive) original birth record however the task seems daunting and confusing.

James L. Arrasmith
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answered on Sep 28, 2023

Yes, you can hire an attorney to assist you in the process of unsealing a birth record in California, especially if it involves complex legal procedures or if you find it confusing. An attorney can guide you through the necessary steps, including researching applicable laws, filing the appropriate... View More

2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

James L. Arrasmith
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answered on Aug 27, 2023

Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: My rights to my children have been terminated and now my children had been molested while being in courts custody what c

My son was adopted by two gay men who in return one of them molested him and resulting him to going to prison yet my son is still residing the same home my daughter was adopted by my ex sister-in-law and just recently had been found he was molesting her she is also still in the same home is there... View More

James L. Arrasmith
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answered on Jul 30, 2023

I am so sorry to hear that your children have been molested while in court custody. This is a horrific situation, and I can understand why you feel like the system has failed you and your children.

There are a few things you can do about this. First, you should contact the authorities and...
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2 Answers | Asked in Adoption and Family Law for California on
Q: My question is in the family law area specific to California.

If I found out that the lawyer who handled my adoption was actually disbarred at the time he represented my then adoptive parents. Is the adoption still valid and legally binding.

James L. Arrasmith
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answered on Jul 23, 2023

If the lawyer who handled your adoption was disbarred at the time of representing your adoptive parents, it could raise concerns about the legality of the adoption. A disbarred attorney may lack the legal authority to represent clients, and this could potentially impact the validity of legal... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: My kids were illegally detained by CPS in may 2019 and adopted by gma on dad side in 2021, what can I do to get them?

My kids at the time 2 and 3 were illegally detained by CPS in may 2019 and adopted out to their grandmother on dads side in 2021. In November 2019 I signed my right to reunify away after talking to the gma and how we both felt it would be better for the kids to be with family for the holidays and... View More

James L. Arrasmith
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answered on Jul 21, 2023

Given the complexity of your situation, it is crucial to consult with a California attorney experienced in family law and child custody matters. They can assess the specifics of your case and advise you on the best course of action to seek custody or visitation rights for your children. Your... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for California on
Q: My daughters biological father has zero custody of her and keeps harassing me on talking parents app. What can I do

We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 13, 2023

He has no custody. Why do you need to do anything? If he's only using Talking Parents to harass you and not using it to communicate with you about your daughter, then don't read his messages and definitely don't respond to them. If you have another hearing, you can print out the... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: temporary guardianship, terms not met but parent is demanding child back

I would like to find out how to make my temporary guardianship a legal guardianship and possibly adopt my nephew while simultaneously preventing my brother from removing nephew from my home. He has not met the terms of our agreement (which was 6 months of stable housing). My nephew has lived with... View More

James L. Arrasmith
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answered on Jul 10, 2023

If you currently have temporary guardianship of your nephew and want to make it permanent while considering adoption, there are steps you can take to protect his well-being. Consult with a family law attorney who specializes in guardianship and adoption to understand the legal process and your... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Would I be able to object to the guardian of my daughter asking for adoption

So I had my daughter at 16 I wasn’t ready at the time I wasn’t stable. I had my mom and my grandmother help me with my daughter but my grandma went behind my moms back and applied for guardianship. She won and she was given permanent guardianship. Since then it’s been 3 years im not allowed... View More

James L. Arrasmith
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answered on Jul 7, 2023

I'm sorry to hear about the difficulties you're facing with your daughter's guardianship. If your grandmother is now seeking to adopt your daughter and you want to object, it's important to consult with a family law attorney who can guide you through the process. They can help... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: How can I get my kids back?

CPS DETAINED MY KIDS IN MAY 2019(i went to jail later that month) • CPS DIDNT HAVE A WARRANT AND DIDNT MAKE REASONABLE EFFORTS TO KEEP KIDS AT HOME OR REUNITE THE KIDS WITH MOM • I WAS LOOKING AT 3-5 IN PRISON AND MY ATTORNEY TOLD ME I SHOULD WAIVE REUNIFICATION SO THEY CAN GO WITH MY MOM. •... View More

James L. Arrasmith
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answered on Jun 22, 2023

If you want to get your kids back, here are some steps you can consider. First, talk to your family law attorney. They can help you understand what to do in your specific unique situation. Collect any evidence that shows you've been involved in your kids' lives and that your mom... View More

2 Answers | Asked in Adoption, Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: How can I sue cps and get my children back....

Almost 4 years ago CpS took my children... At the time I had no criminal record... I have no drug record... there has never been no domestic violence situation with me and there dad (my husband) all the allegations were not proven... yes we had moved out of our home into my sister's home that... View More

Robert Kane
Robert Kane
answered on Jun 21, 2023

An attorney should have been appointed. Was an attorney appointed? Drug abuse and child abuse are two reasons for CPS to become involved, but not the only reasons. You can hire an attorney to evaluate your situation.

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1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody, Civil Rights and Family Law for California on
Q: My brother won his appeal, reversing the termination of his parental rights, due to ICWA not being followed. Whats next?

His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter... View More

James L. Arrasmith
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answered on Jun 17, 2023

If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department.... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: I adopted my son in 2004 and everything was approved and signed by the judge and then we never got a birth certificate.

Now he is 23 and trying to get a passport and we have ourselves in a pickle and not sure who to talk to. I went to the county building in Hemet CA which is where the adoption took place. What are our choices for resolution at this point. My son said they are telling him it has been too long but we... View More

James L. Arrasmith
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answered on Jun 2, 2023

Since every case can be unique, it's advisable to consult with an attorney or a legal professional who specializes in adoption law for accurate advice.

Here are a few steps you can consider taking to address the issue with your son's missing birth certificate:

Contact the...
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2 Answers | Asked in Family Law and Adoption for California on
Q: If I wasn't Notify my last court date how do I dress the courts about that
Tobie B. Waxman
Tobie B. Waxman
answered on May 31, 2023

Depends on what the hearing was for and what was the outcome of that hearing. Also depends on what the basis is for your claim that you were not notified of the hearing date or of the contents of the motion that was filed that resulted in that hearing.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for California on
Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?

Also, if you would be able to cite a specific law or court case. The state is California.

James L. Arrasmith
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answered on May 22, 2023

In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Before a child is adopted by a guardian does a guardian have to inform the child's family members of the adoption

My son died the mother of the grandchild is in prison the court appointed a guardian now the guardian wants the adopt my granddaughter before the adoption goes through does the guardian have to inform the minor child's family members of the adoption

James L. Arrasmith
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answered on May 16, 2023

Here are some points to consider:

Adoption and Family Notification: The laws regarding notification of family members before an adoption varies by jurisdiction. In many cases, there may be legal requirements to notify certain family members or seek their consent before a child can be...
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2 Answers | Asked in Adoption and Family Law for California on
Q: Adult adoption - If my father is still living, but my mother is dead, can another woman adopt me as my new mother?

Not looking to separate from my father legally, but wondering if another woman can adopt me as my new mother if my mother is no longer living. She is NOT married to my father but is the closest relationship I have for a mother.

James L. Arrasmith
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answered on May 15, 2023

Adult adoption is a legal process that is recognized in California, and it is possible for a person to be adopted as an adult under certain circumstances. The purpose of adult adoption can be to formalize an existing parent-child relationship, or for inheritance purposes, among other reasons.... View More

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1 Answer | Asked in Adoption and Family Law for California on
Q: How to terminate parental rights of presumed father?
James L. Arrasmith
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answered on May 5, 2023

The process to terminate the parental rights of a presumed father can vary depending on the state in which you reside. Generally, the following steps may be involved:

File a petition: You will need to file a petition with the court to terminate the father's parental rights. The...
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1 Answer | Asked in Adoption, Child Custody, Family Law and Civil Rights for California on
Q: If a "petition" WASNT FILED and detention warrant "signed" by inactive judge is it still valid to take my child?

Social worker used a "petition" that was NOT FILED prior to removal of my child, and a "detention warrant" that was also not filed but was allegedly "signed" by a judge who I found out IS NOT A SEATED JUDGE AND HAS A STATUS OF INACTIVE FOR AN ENTIRE YEAR prior, and... View More

James L. Arrasmith
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answered on Apr 22, 2023

I'm sorry to hear about the difficult situation you are facing with the removal of your child and the use of potentially fraudulent documents by the social worker and local law enforcement. It is important to understand the legal implications of the situation.

If the petition was not...
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1 Answer | Asked in Adoption and Family Law for California on
Q: Mom has a little girl (without a father in her birth certificate) and is living with a men who wants to adopt the girl.

Mom hasn't seen the biological father since she was 4 months pregnant. The little girl is 3 years old.

James L. Arrasmith
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answered on Apr 5, 2023

In California, if a mother has a little girl without a father listed on her birth certificate and is living with a man who wishes to adopt the girl, there are certain legal steps that must be taken to terminate the biological father's parental rights and proceed with the adoption.... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: How do I prepare a petition in California to nullify an adult adoption? Is there a template I should use?
James L. Arrasmith
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answered on Mar 22, 2023

To prepare a petition to nullify an adult adoption in California, you will need to follow the procedures set forth in California law. Here are the basic steps:

Determine the grounds for nullification: In California, there are certain grounds for nullifying an adult adoption, such as fraud,...
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