Lawyers, Answer Questions  & Get Points Log In
Adoption Questions & Answers
1 Answer | Asked in Adoption for Florida on
Q: How can my husband adopt my adult daughter. We live in FL. She lives in NC. Her biological father is deceased.

My daughter is legally married, but not living with her husband. Not divorced.

Deborah Annette Carroll
Deborah Annette Carroll answered on Apr 3, 2020

Adult adoptions are quite common. A petition for adult adoption is filed by your husband along with your consent as the spouse and the consent of your adult daughter. Since she is married, her spouse will also have to sign a consent or a case made to the court that he is unreasonably withholding... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Gov & Administrative Law for Texas on
Q: where is the policy for bringing up another lawsuit after one is dismissed

i was thinking it takes a year for family or civil

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

A Texas attorney is best qualified to answer this question, but you await an answer for three weeks. As a GENERAL premise, if a matter is dismissed on the merits (for something substantive - not something technical such as "this is the wrong court, you must bring your action in a different venue"),... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Virginia on
Q: A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son.

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

Michael Christopher Miller
Michael Christopher Miller 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.

1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. If abuse has occurred, you might consider speaking to your school counselor about the matter. That counselor could make a report to social services.

1 Answer | Asked in Adoption for Louisiana on
Q: Can the rights of a non-custodial parent be taken away without having someone adopt her to "legally" be her father?

My daughters father has abandoned her, i'm remarried, but do not have the funds to pay adoption fees for my husband to legally adopt her. Non-custodial parent hasnt had any contact in almost 5 years, my husband has been her "dad" for the past 8 years.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 20, 2020

His rights can only be terminated by action of the State (for example, in a OCS proceeding) or for purposes of an adoption. In this case, your husband can adopt the child, most likely without the father's consent. Intrafamily adoptions generally are not as expensive or complicated as a private... Read more »

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: How does an unmarried father reinstate parental rights when baby was placed for adoption in Tennessee?

A termination of parental rights was signed thru an agency before baby was born, upon realizing the child was his he has changed his mind and wants to father the child. He was not present when the birth certificate was signed. Mother can still revoke decision until 23rd but would rather not

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 20, 2020

He needs to register with the putative father registry. Information can be found at

He also needs to retain a seasoned local family law attorney, like yesterday.

2 Answers | Asked in Family Law and Adoption for Georgia on
Q: Dcfs got involved in my life with my child's birth...if i was to let my mother legally adopt her will my case close...
Ellaretha Coleman
Ellaretha Coleman answered on Mar 20, 2020

Possibly. However, if there is a dependency case, any placement will need to be approved by the juvenile court.

View More Answers

1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: How hard will it be for me to get custody of my granddaughter ? I am her grandmother. She has been with me more often

Than not since she was 1 1/2 old . Her mother lived with me off and on mostly not but most recently the last 4 + years with me doing all the care taking of my granddaughter because her mother wouldn't. She ( my daughter is mentally ill) and refuses to get help . Most recently in November 2019 she... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Unless the child has been with you for the past six months, you don’t have standing to file for custody. Alternatively, if or when she has been in your care or possession for at least six months, then you could be a de facto custodian and you would then have standing to bring an action for... Read more »

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: I received two letters. In shock. First letter states F.S. 742.021(2). Second support. Meaning?

I know nothing about a child conceived 12yrs ago

Jean Richardson
Jean Richardson answered on Mar 17, 2020

742.021(2) has to do with determination of paternity. Without seeing the letters, I'm assuming someone is claiming you are the biological father of a child and you are being sued for child support.

View More Answers

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website:

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention to...
Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: I have a custody case in TN but I reside in FL, do I need to attain a TN lawyer ?

The children were taken to TN supoosed to be temporary for their fathers funeral but their older brother from a previous relationship from their father, is trying to keep them and get full custody . I signed a custody agreement that the grandfather made himself and had notarize that they will be... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 12, 2020

You need to hire an experienced family law attorney from around Nashville. There are several issues presented in your question that you most likely cannot address without legal representation. I suspect a dependency and neglect petition has been filed against you. The burden of proof is high,... Read more »

2 Answers | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Can my son's stepfather get legal parental rights since my son's biological father passed away recently?

My son is 14. His bio father died recently. What can I do so that my husband can have legal parental rights without changing my son's last name or his Birth Certificate?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 10, 2020

You can enter a Cinsent Judgment splitting custody with him. Hire a custody lawyer or mediator.

View More Answers

3 Answers | Asked in Adoption and Family Law for Georgia on
Q: i'm 16, and i'm adopted. I was placed on abeyance kind of like probation!! Can i go live with my birth mother?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 10, 2020

No you cannot. You must live with your legal parent/guardian.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

View More Answers

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Louisiana on
Q: How can I get my parental rights back if they were taken?

My son mother put him up for adoption while I was incarcerated without me knowing and my consent. By time I got any letter or documents it was a few days before the hearing and I couldn’t get a lawyer or anything. I showed up to court and they took away my parental rights and said when I got out... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 9, 2020

You need a consultation with an adoption lawyer. Some of this depends on when this happened.

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: New husband filed for adoption. I have legal.

I filed for contempt, next day got a court date from a mutual party that her new husband is trying to adopt.

Cary B. Hall
Cary B. Hall answered on Mar 6, 2020

And your question is?

If you have legal custody but have had no contact with your child for 6 or more months (continuously), then they may be also filing a petition to terminate your parental rights -- and usually this is done in conjunction with a step-parent's petition for adoption....
Read more »

1 Answer | Asked in Adoption and Child Custody for Alabama on
Q: Can you adopt your stepchildren if the non-custodial parent has been on the run with the law for 2 years?

My husband has sole custody of his children and she has supervised visits through the county. She has not exercised her rights to see the kids since she lost custody. (Dhr took her to court) She has not seen her children in 1 year and 6 months. She violated her probation a year ago and left the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2020

I'd have to know more facts to be able to express an opinion. However, you probably are ripe for a termination of parental rights petition. Call a lawyer in your area and do it now, before she re-establishes contact with the children.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How do I stop an adoption in Illinois and they never notified me?

I have 2 children that my mother has guardianship of and the guardianship was filed in Indiana so I petitioned the court to terminate the guardianship. In return my mother goes and gets an attorney in Illinois and filed for adoption of my 2 children. I have not been notified of the adoption in... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 3, 2020

You should immediately hire an attorney in the county where the adoption case has been filed. Bring all the paperwork related to the Indiana guardianship with you to the first appointment with the attorney. Explain what's happening and he or she should take it from there.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my parental rights reinstated if I signed them away a few years ago?

I signed my rights away when my daughter was being fostered by my cousin. I had a drinking problem but I’ve been sober for a while now. Can I get my rights back?

James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2020

There is no way to answer this without reviewing the paper you signed at the time.

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Dyfs case in nj. The mother lost custody and after 18 months the case is in adoption and termination of rights.

I just found out 2 weeks ago about my daughter and got paternity results. Will I be able to get her ? I don’t have a dhs case can I just file for custody ? I want her but do I have to be involved in this dyfs mess if I just found out about the baby ?

Bari Weinberger
Bari Weinberger answered on Mar 2, 2020

Thank you for your question. Sorry that you are faced with this issue. DCP&P (formerly DYFS) is obligated to reach out to you as the father of the child as terminating parental rights of course also affects you as the father. You need to involve yourself in the DCP&P case as soon as possible.... 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.