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The father has no legal or physical custody rights.
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answered on Sep 11, 2024
To adopt your girlfriend's teenage son, you will need to follow Virginia's adoption process, which involves several legal steps. Since the father is not a U.S. citizen and resides in the Philippines without custody rights, you must obtain his consent or establish that his consent is not... View More 
He has a social security number. I was assured that he could get a US birth certificate after adoption, but so far, only a Canadian one is provided with the name change. Can you guide me to further steps? He is living in Florida, where the adoption took place. I am living in Virginia
answered on Nov 9, 2021
This question has several aspects to it. You should gather all the documents and urgently speak with a family lawyer and an immigration lawyer.
Justia has a lawyer directory and also the American Immigration Lawyers Association has a directory on their site.
A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will
answered on Mar 26, 2020
At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.
The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.
Bio dad not on birth certificate. No paternity, not on father registry. How can prove abandonment and not need bio signature? Don't want to contact
answered on Feb 20, 2020
Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.
Stepparent petitions for adoption. The bio parent/spouse joins the petition to indicate their consent.
Va. Code § 63.2-1202. Parental, or agency, consent required; exceptions.
Consent is... View More
answered on Jun 18, 2019
A petition and draft order will get you started.
See Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.
Both great grandparents have multiple medical issues. My nephew's father resides in the home, has multiple drug and assault charges, and has child neglect charges on the child. My nephew's father's brother also resides in the home, and was driving the vehicle resulting in my... View More
answered on Oct 22, 2018
As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.
He had his rights terminated when I was 3 or 4, but does that change my legal status?
answered on May 6, 2018
You need to discuss this with an attorney who is familiar with the law in Puerto Rico.
The biological father was not present for the petition to adopt the child. He could not be located, and he was not allowed to see the child for personal and back child support payment before the adoption. He passed away recently. All he had was a motorcycle and a few personal pocessions. We,... View More
answered on Feb 9, 2018
The adoption should have terminated the parental relationship between the child and bio parent.
If there is no will, then property distribution goes by law. There would be no child due to the adoption of the deceased parent to receive property.
If the deceased parent made a will,... View More
like my own.
answered on Feb 6, 2018
Yes.
Va. Code § 20-124.2
"B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in... View More
Wife and I entered into an adoption agreement with birth mother. We got him at 6 days old. After a week the mother wanted baby back. We took it to lawyers office and he sent us to CPS. The social worker told us under no circumstances are we to give the child back. There are possibilities the child... View More
answered on Feb 5, 2018
Locating a new lawyer may be in order, as there are certainly methods for locating a birth mother that a lawyer can utilize known as "skip tracing." Find a lawyer who knows the term and how it works.
answered on Jan 24, 2018
An adoption confers on her the legal rights and responsibilities as a parent.
Va. Code § 20-124.2 says "B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact... View More
my son's biological father isn't listed on BC and hasn't been involved with me since before my son was born
answered on Jan 20, 2018
Adoption. The most preferred method would be an agreed step parent adoption. Biological father is entitled ot notice, and if biological father does not agree, you will need to have a child and prove that termination is in the child's best interest. These are hard cases, and mere abandonment... View More
biological father got her pregnant then went to jail hes seen his son once since he was born 3 years ago and ive been with her since she was 3 months pregnant
answered on Jan 1, 2018
Since the biological father is in jail this process is likely to be long and complicated. Biological father is entitled to have a Guardian ad Litem appointed to represent his interests if he is in jail on a felony. Additionally, it will be a contested hearing whereby you will have to overcome a... View More
answered on May 2, 2017
CPS/foster care cases can be long and involved. Contact the local DSS to let a worker know you are family and you are interested in taking custody of the children. DSS is required to look into family placements at certain stages of the process (though not required to make such a placement if it... View More
They are living in a house that is not safe has holes in floor and walls kitchen floor is ready to call in has mold due to water leak under the house. Yard has so much trash he cant go out and play. I gave them a playset 2 years again they never put it up for him. I want to get custody of him.
answered on Apr 18, 2017
You did not ask a question. However, if you are seeking to get custody then you should consult with a family law attorney in the local jurisdiction to discuss the facts and circumstances of your particular situation.
When she was 13 she started refusing to see him because she didn't like how he treated her. He never tried to see her or fix the relationship. He's in Maine we moved to VA almost 3yrs ago. He came to VA last yr for a week saw her for 2 hrs then refused to come see her again it broke her... View More
answered on Apr 18, 2017
Once your daughter turns 18 she is legally competent to change her name and will not need any parental approval to do so. Once she reaches her 18th birthday then she can retain an attorney to have her name legally changed regardless of what her biological father says.
The biological father is not in her life& there is a child support order set up that I have not seen a dime of. Biological fathers name is on the birth certificate. I just have no clue where to begin.
answered on Feb 20, 2017
There is one important question - does bio dad agree or disagree with an adoption? The answer will help give a clearer idea of the time and effort involved. You'll probably want to at least talk with a local family law / adoption attorney who knows the court in your county and is familiar... View More
My adoption mother bailed him out the same night he got arrested. Over the years, the case wasn't going anywhere and I was convinced by them to drop the charges and come home. Eventually I did and it didn't get better. I'm 23 now and I'm not being raped but I'm sexually... View More
answered on Apr 13, 2016
There doesn't appear to be any reason why you couldn't call the police or go to the magistrate for the ongoing situations (sexual battery) and/or stop going to that home and keep your child out of that home. You may want to get a consultation with an attorney to make a safety plan. Stay safe.
I am from Bangladesh. I was adopted by my uncle (mother’s side) who is a US citizen and brought into USA. First my uncle applied for legal guardianship in Bangladesh and finally I was adopted in USA. Now, I have a younger sister (biological) in Bangladesh. She is 23 years old. Is there way I can... View More
answered on Feb 12, 2016
If you are US citizen you might be able to sponsor her for a green card, but she will have to wait until her priority date becomes current which may take more than 10 years. Talk to an immigration attorney regarding this situation. Many immigration attorneys including me offer free consultations,... View More
I am a US citizen and willing to adopt a child abroad from Pakistan {non-hauge convention country}.According to law i have to take over the child for two whole years before i can apply for him to come over to USA. What is the possibility for me to bring my adopted child as tourist while i am... View More
answered on Sep 18, 2015
In order to bring someone to the United states you will need a visa for that person. Talk to an immigration attorney first to find out what options work for you. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed... View More
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