Ask a Question

Get free answers to your Adoption legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: How do I get my child returned to me from nys foster care?

I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until... View More

2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

View More Answers

0 Answers | Asked in Family Law and Adoption for New York on
Q: What happens in an adult adoption before the hearing one of the prospective adoptive parts dies? This for California.

What happens in an adult adoption before the hearing one of the prospective adoptive parents dies? This for California.

2 Answers | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: Injunction lawyers on civil liberties Jo

On a federal court order

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More

View More Answers

2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for New York on
Q: Do I need to go to court to take my 17 year old sister with me to Florida from NY?

I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 19, 2024

If she needs to register for school before 18, you need to be her legal guardian.

View More Answers

1 Answer | Asked in Family Law and Adoption for New York on
Q: I'm wanting to pursue an adult adoption in Buffalo New York but I do not live in the state of New York.

I heard that there were residency requirements for the person doing the adoption.... The person I'm adopting lives in Buffalo.

Tim Akpinar
Tim Akpinar
answered on May 19, 2024

An adoption attorney could advise best, but your question remains open for three weeks. If you haven't spoken with an attorney by now, one option is to reach out to attorneys, where you could supplement your searches with the "Find a Lawyer" tab above and the referral sections of... View More

2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024

In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More

View More Answers

1 Answer | Asked in Adoption for New York on
Q: I paid for a rental truck for two friends they didn’t return the truck for 3 months I never signed anything nor had poss

Procession of it 18 month later they issued a warrant for me and I was arrest at my home. I didn’t pick the truck or sign anything and I was only paying the people I was trying to help were found with the truck along with a lot of other stolen property. Per Penske policy it states whom ever paid... View More

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2023

I'm sorry about your ordeal. You may need to repost under Criminal Law instead of Adoption Law, the chosen category. That's probably why the question remained open. Not every question is picked up here, but you'd have better chances of a response under that category. Good luck

1 Answer | Asked in Family Law and Adoption for New York on
Q: Do i need permission from my spouses childs father to adopt him even though he has not been in contact for 6 years?

I have been with my domestic partner for about 10 years. I have been in adriyels life (the child i want to adopt) since he was born. We have lived life like a normal family (He is my mothers favorite grandchild) His father has not been in contact since we called the cops on him for not bringing... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 16, 2023

Unfortunately, the answer is yes.

2 Answers | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny

The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 25, 2023

While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More

View More Answers

1 Answer | Asked in Adoption for New York on
Q: Adopted a child who was born in ny but we live in Virginia. Who issues the adoption birth certificate? NY or VA?

Will it be done automatically as part of the adoption or do I have to fill out anything?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

When you adopt a child born in New York but you live in Virginia, the adoption birth certificate is typically issued by the state of New York. However, the process can vary depending on the adoption type and the specific circumstances. Generally, as part of the adoption process, the court will... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for New York on
Q: can my boyfriends aunt take me in from acs

i’m 15 he’s 16, my grandma has custody of me and i’m currently in acs custody, living in a children’s center. is there anyway she can take me even though me and her niece are in a relationship

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

First, she would have to be approved as a foster parent. Once that is done she can work with ACS to try to have you placed with her.

1 Answer | Asked in Adoption, Family Law and Immigration Law for New York on
Q: Hi so I wanted to know what is form 6-2 of guardianship in new york staten island to be precise. And what is the process
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Form 6-2 is the Petition for Appointment of Guardian for a Minor. In New York State, this form is used to initiate a legal proceeding to have a guardian appointed for a child who is under the age of 18 and not emancipated.

The process for filing a petition for guardianship varies depending...
View More

1 Answer | Asked in Family Law and Adoption for New York on
Q: Can I get free legal help because I am disabled in filling out and filing private placement adoption packet?

I would like to know if and where I could get low-cost or free legal help in this area? I am not elderly but permanently disabled and receive social security. I have received free legal aid in the past for taxes.

I have two children I have been caring for since May 2022. I'd like to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2022

This is something a family law attorney would know about, but you await a response for four weeks. There's no guarantee all questions are ultimately picked up, but there's an "Adoption" category here (click "Show More Practice Areas"). You could try reposting and adding that category. Good luck

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: Is the absence of a non custodial parent, reason enough to change the child’s last name to that of the custodial parent?

Non custodial parent has not made contact in a year. They have a history of disappearing for years at a time.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 11, 2022

The short answer is no.

2 Answers | Asked in Family Law and Adoption for New York on
Q: How can I terminate parental rights in NYC?

I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter's dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and... View More

David Ivan Bliven
David Ivan Bliven
answered on Feb 11, 2022

You can bring an adoption proceeding - this would result in effectively terminating his parental rights. Bear in mind, however, that nonpayment of support and/or having an order of protection would not be grounds (in themselves) to have the adoption approved - the Judge would need to find he... View More

View More Answers

3 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2022

This might work in the short term but not the long term, the best way to handle the situation is through an adoption, an alternative, though not the best is a custody order from a court. In either case, the father would have to be notified of what is going on. I suggest you sit down with an... View More

View More Answers

1 Answer | Asked in Adoption and Animal / Dog Law for New York on
Q: I have my puppy for 7 months & I sell him for $100 now regret it & want him back but the owner won’t give him back.
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2021

When you legally sell something, you give up your rights to it in exchange for some form of consideration. In this case, money. Regret is not a valid reason to void the transaction.

1 Answer | Asked in Adoption and Family Law for New York on
Q: Hi, I’m 28, and am going to get adopted. Would I have to make any changes on my child’s birth certificate?

She was born in Puerto Rico

Jodi Ann Donato
Jodi Ann Donato
answered on Mar 12, 2021

If you're birth name is going to be changed on your birth certificate then it should be changed on hers.

1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Litigation for New York on
Q: me and my grandmother had a big fight and shes practically kicking me out. what are my options In leaving? I'm only 16.

she wont pay for anything I need anymore including famine products hygiene products or clothes or anything I need. I tried moving in my mother but my grandma said that its court ordered that I cant live with her until I'm 18. can a court do that? how can it be possible that I can live with her... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 18, 2021

First you need to speak to your mother and find out what orders if any there are. Once you know what the order says if anything, you can speak to a lawyer to get information on what to do. The alternative, is to go to family court and file a petition for support from your grandmother as she is... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.