Lawyers, Answer Questions  & Get Points Log In
Adoption Questions & Answers
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... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... Read more »

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... Read more »

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.

Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court.

James G. Ahlberg
James G. Ahlberg
answered on May 22, 2023

You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... Read more »

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: What all do I need to file to contest an adoption in Colorado?
Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

As you have stated it, it is impossible to answer this question.

That will depend on whether the adoption has been completed or not first. If it has, then it depends on how long ago it was completed to determine whether you even still can appeal it.

If it has not been completed,...
Read more »

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?

My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to... Read more »

Shane Michael Oncale
Shane Michael Oncale
answered on May 18, 2023

The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to... Read 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read more »

1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Kansas on
Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?

i turn 17 in november, and am adopted.

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address... Read more »

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... Read more »

View More Answers

2 Answers | Asked in Family Law, Immigration Law, Adoption and International Law on
Q: Is my child really required to get a birth certificate from a country he wasn't born in?

I am a Nigerian-American currently living in Nigeria with my Filipino wife and stepson. I am in the process of adopting my stepson through a local adoption in Nigeria. I recently learned that after adoption, a new birth certificate should be issued. Does this mean that my Philippines-born stepson... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

In cases of adoption, it is common for a new birth certificate to be issued reflecting the child's new legal status. However, the specific requirements and implications can vary depending on the laws and regulations of the countries involved.

In the situation you described, where the...
Read more »

View More Answers

1 Answer | Asked in Adoption and Family Law for California on
Q: How to terminate parental rights of presumed father?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read more »

3 Answers | Asked in Immigration Law and Adoption for Illinois on
Q: Need help with for I 135 petition for my daughter?

I am a resident since 2007 and want to help my family (daughter ) from CHILE.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

To petition for your daughter through Form I-130, you can follow these general steps:

Determine eligibility: As a lawful permanent resident (green card holder), you can file an I-130 petition for your unmarried child over the age of 21. Make sure your daughter meets the eligibility...
Read more »

View More Answers

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: I want to adopt my nephew in TN, I live in GA for his best interest he is 4. How do I go about doing this?

My nephew's mom is my younger sister has been in trouble with the law, currently on an ankle monitor and has accepted a PPP loan for a business that she never had. She is not making the best decisions for herself nor my nephew and I want to adopt him until her circumstances improve.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 26, 2023

You should schedule a consultation and speak directly with an attorney to discuss this case. Because the advice given and the steps on how to move forward will depend on whether the mother consents to this change or not. This sounds like guardianship and not adoption. But even in a guardianship... Read more »

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... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read more »

1 Answer | Asked in Adoption and Family Law for South Dakota on
Q: Which form do I need to fill out to petition for adoption for an adult adoption?
Heath Baker
Heath Baker
answered on Apr 20, 2023

Check your county's court website and see if they have any local forms that are required or acceptable. In Riverside County, the court has a local form that provides for all of the needed information. (You could always go to their website and pull the local form for your pleading paper... Read more »

1 Answer | Asked in Adoption, Family Law, Civil Rights and Juvenile Law for Colorado on
Q: IS THERE AN ACTUAL ATTORNEY WHO WILL REPRESENT THE PARENT AGAINST CHILD PROTECTIVE SERVICES?

What is the real true reason that lawyers won’t take on Child Protective service cases? Every parent I’ve spoken with had nothing but grief with the court appointed lawyer. With mounds of evidence that CPS falsified manipulated coerced and lied just to remove new born baby at birth and... Read more »

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Having represented parents in CPS cases earlier in my career, it is my opinion that the real true reason is such clients frequently do not pay the attorneys for their services.

Like other significant litigation, CPS cases require a lawyer to spend a great deal of time, including time...
Read more »

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... Read 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: I had 2 different children by 2 different men. Neither man is on the Birth Certificate. They haven’t been involved in

9 & 11 years can my husband adopt them?

Hannah Burdine
PREMIUM
Hannah Burdine
answered on Mar 21, 2023

Great news! If you've been married for over six months, your husband has the opportunity to adopt your children. Although the biological fathers are entitled to notice, a skilled and creative attorney can assist in securing their consent, making the process smooth and stress-free. The judge... Read 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.