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Adoption Questions & Answers
Q: how Would my husband go about adopting my daughter Birth father has no legal rights but on child support
3 Answers
| Asked
in
Adoption, Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Aug 14, 2018
Answered on Aug 14, 2018
Regina Irene Edwards' answer
You need to hire an attorney to file for adoption. During the adoption, the biological father's rights will have to be terminated.
You need to hire an attorney to file for adoption. During the adoption, the biological father's rights will have to be terminated.
Q: even though I don't want to do this, how would I go about giving up my rights and not have to pay child support.
1 Answer
| Asked
in
Adoption, Child Custody and Child Support
for
Illinois
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Ray Choudhry's answer
You can't force her husband to adopt.
So, you are stuck.
But, you can assert your rights to be more involved with your child.
If you stay with it, you will get a court hearing.
You can't force her husband to adopt.
So, you are stuck.
But, you can assert your rights to be more involved with your child.
If you stay with it, you will get a court hearing.
Q: Can my fiance adopt my son?
Lydia Seifner's answer
Step-parent adoptions usually require the parents to have been married for six months first. Otherwise, you meet the requirements for adoption. Get married first, and then after six months, contact an adoption attorney in your area to assist you.
Step-parent adoptions usually require the parents to have been married for six months first. Otherwise, you meet the requirements for adoption. Get married first, and then after six months, contact an adoption attorney in your area to assist you.
Q: Can I get custody of two kids if the parents are unfit. Even though they are not related to me at all
Joseph Jaap's answer
Contact local children's services and describe the problems and that you are willing to take them in.
Contact local children's services and describe the problems and that you are willing to take them in.
Q: I had my children out of wedlock fathers is on the birth certificate and also singed the. Paternity. Does he have rights
1 Answer
| Asked
in
Adoption, Family Law and Child Custody
for
Pennsylvania
on
Answered on Aug 12, 2018
Answered on Aug 12, 2018
Cary B. Hall's answer
Yes, he has parental rights . . . unless and until a court terminates them. You can certainly file a petition asking the court to involuntarily terminate his parental rights -- and at the same time, your new man can file a petition to adopt the children. In fact, a court will NOT terminate a parent's rights to children unless there's someone else ready, willing and able to step into parental shoes. Realize, however, that if the court does exactly as you ask, your new man will have all the...
Yes, he has parental rights . . . unless and until a court terminates them. You can certainly file a petition asking the court to involuntarily terminate his parental rights -- and at the same time, your new man can file a petition to adopt the children. In fact, a court will NOT terminate a parent's rights to children unless there's someone else ready, willing and able to step into parental shoes. Realize, however, that if the court does exactly as you ask, your new man will have all the...
Q: My husband's ex has been out of our children's lives for 3 years. She calls every 2 to 3 months and I want to adopt
Arthur Calderon's answer
You need to get with an attorney, as you will have to go through the process of terminating her parental rights before you can go through the adoption process.
You need to get with an attorney, as you will have to go through the process of terminating her parental rights before you can go through the adoption process.
Q: Can a child decide which caretaker they want to live with?
1 Answer
| Asked
in
Adoption, Child Custody and Family Law
for
Pennsylvania
on
Answered on Aug 12, 2018
Answered on Aug 12, 2018
Kathryn Hilbush's answer
One of the factors in a custody case is the child's preference but that's only one of 16 factors. I suggest that you consult with an experienced family law attorney in your area about your rights and options at this point.
One of the factors in a custody case is the child's preference but that's only one of 16 factors. I suggest that you consult with an experienced family law attorney in your area about your rights and options at this point.
Q: I had my children out of wedlock fathers is on the birth certificate and also singed the. Paternity. Does he have rig
Kathryn Hilbush's answer
You may have waited too long. One of the ways to demonstrate to the court that a parent's rights should be terminated is to show that, for a period of at least six months immediately preceding the filing of the petition, there was no performance of parental duties, including contacting the child. Since he's clearly done that, you may have missed out. Also, the court usually won't terminate the parental rights unless here is a pending adoption and that is usually expected to be by a stepparent,...
You may have waited too long. One of the ways to demonstrate to the court that a parent's rights should be terminated is to show that, for a period of at least six months immediately preceding the filing of the petition, there was no performance of parental duties, including contacting the child. Since he's clearly done that, you may have missed out. Also, the court usually won't terminate the parental rights unless here is a pending adoption and that is usually expected to be by a stepparent,...
Q: ive had custody of my nieces since 2009 after my sister died. Can i change their last name? and can i adopt them?
1 Answer
| Asked
in
Adoption, Child Custody and Family Law
for
Pennsylvania
on
Answered on Aug 10, 2018
Answered on Aug 10, 2018
Kathryn Hilbush's answer
Where is their father? In order to adopt them you'd have to have his parental rights terminated and possibly go through a home study. To change their surname only, you'd still probably be required to notify him of your intention. I suggest that you contact a local attorney experienced in adoptions to discuss your options.
Where is their father? In order to adopt them you'd have to have his parental rights terminated and possibly go through a home study. To change their surname only, you'd still probably be required to notify him of your intention. I suggest that you contact a local attorney experienced in adoptions to discuss your options.
Q: I live New Orleans can you legally serve someone papers at McDonald's
Douglas Lee Bryan's answer
You can be served anywhere, as long as it is properly done - ie. by the Sheriff's Department or via a properly appointed private process server.
You can be served anywhere, as long as it is properly done - ie. by the Sheriff's Department or via a properly appointed private process server.
Q: If couple has 3 kids that go up for adoption - behind on child support. They have newborn.. Can they legally keep it?
1 Answer
| Asked
in
Adoption, Child Custody and Child Support
for
Pennsylvania
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Cary B. Hall's answer
Until and unless a court terminates parental rights, biological parents retain their parental rights to their children -- regardless of the past. Whether anyone reports the parents to child protective services is nobody's business but their own.
Hope this helps.
Until and unless a court terminates parental rights, biological parents retain their parental rights to their children -- regardless of the past. Whether anyone reports the parents to child protective services is nobody's business but their own.
Hope this helps.
Q: I have a 3 year old son. His father & I have been divorced for 14 months, and he has been nonexistent in his son's life.
2 Answers
| Asked
in
Family Law, Adoption and Child Custody
for
Louisiana
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Ellen Cronin Badeaux's answer
No that plan won't work. Your Dad and his wife can adopt, but then you are out of the picture. You can wait until you do consider remarriage. You can seek sole custody now. You will need an attorney for all of the above.
No that plan won't work. Your Dad and his wife can adopt, but then you are out of the picture. You can wait until you do consider remarriage. You can seek sole custody now. You will need an attorney for all of the above.
Q: My ex was incarcerated three years ago had the baby in jail don’t know were she’s at need help... my name isAaron
Kathryn Hilbush's answer
Hi, Aaron. Not trying to be smart but it sounds like you need a private investigator more than an attorney right now. Try using one or more of those paid internet people search engines. If you know what county she committed her jailable offense in, you may be able to find an old address on that statewide criminal record base. She might still be on probation. You can ask former friends and her family if they know where she is. Former employers and neighbors could shed some light on her...
Hi, Aaron. Not trying to be smart but it sounds like you need a private investigator more than an attorney right now. Try using one or more of those paid internet people search engines. If you know what county she committed her jailable offense in, you may be able to find an old address on that statewide criminal record base. She might still be on probation. You can ask former friends and her family if they know where she is. Former employers and neighbors could shed some light on her...
Q: My son's mother wants to transfer her rights to him over to me. What steps do we need to take
P. Justin Thrailkill's answer
You need to legitimize him and she needs to consent to you having custody. She cannot transfer her rights, but she can agree to make you the physical custodian of the child. With this, she will need to pay child support as well, unless you can justify a reason why support should not be paid (beyond simply agreeing).
Talk to an attorney about preparing uncontested legitimation paperwork for you both to sign and file. It's relatively inexpensive if it is uncontested, and you are better...
You need to legitimize him and she needs to consent to you having custody. She cannot transfer her rights, but she can agree to make you the physical custodian of the child. With this, she will need to pay child support as well, unless you can justify a reason why support should not be paid (beyond simply agreeing).
Talk to an attorney about preparing uncontested legitimation paperwork for you both to sign and file. It's relatively inexpensive if it is uncontested, and you are better...
Q: can we adopt my grandson without mom’s consent.
Mr. James Parrish Coleman's answer
In a word, no -- unless her parental rights were terminated by an order of the Juvenile Court. In all likelyhood, she gave custody to you. She can go to the appropriate Court and ask for custody of the child
In a word, no -- unless her parental rights were terminated by an order of the Juvenile Court. In all likelyhood, she gave custody to you. She can go to the appropriate Court and ask for custody of the child
Q: Estranged family member abandoned dog and left him in my care. How can I claim legal ownership/rights to him?
1 Answer
| Asked
in
Adoption, Animal / Dog Law and Family Law
for
Pennsylvania
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
Kathryn Hilbush's answer
I'm not quite sure there's a good answer to your question but here's what I think. Unless the dog is a pedigree with papers, whoever adopted/bought the dog originally would be considered the original owner. In my experience, when people then give the dog away, unless it's to a rescue group, they just hand over the leash and that's it, no paperwork involved. I assume you've been paying for the dog's immunizations and whatever else may have required the vet. I would say that, after a year, he's...
I'm not quite sure there's a good answer to your question but here's what I think. Unless the dog is a pedigree with papers, whoever adopted/bought the dog originally would be considered the original owner. In my experience, when people then give the dog away, unless it's to a rescue group, they just hand over the leash and that's it, no paperwork involved. I assume you've been paying for the dog's immunizations and whatever else may have required the vet. I would say that, after a year, he's...
Q: does an order of protection remain if child custody is changed
1 Answer
| Asked
in
Adoption, Child Custody, Domestic Violence and Family Law
for
Arkansas
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
James E Hensley Jr's answer
Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain permission from the Judge and not just the grandma.
Often, people who are subject to an order of protection violate the order by doing something they believe is good. It is still a violation...
Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain permission from the Judge and not just the grandma.
Often, people who are subject to an order of protection violate the order by doing something they believe is good. It is still a violation...
Q: Is there any way to have rights to my friend's son?
3 Answers
| Asked
in
Family Law, Adoption, Child Custody and Juvenile Law
for
Georgia
on
Answered on Aug 5, 2018
Answered on Aug 5, 2018
Regina Irene Edwards' answer
Only the parents have rights to a child. You would have to file in court to obtain legal rights. Otherwise, it is interference of custody.
Only the parents have rights to a child. You would have to file in court to obtain legal rights. Otherwise, it is interference of custody.
Q: I was adopted as a child and it was a closed adoption would it be legal to get married to my biological cousin closed ad
Timothy Denison's answer
Legally, yes, although genetically it may not be a good idea if the cousin is first or second. Beyond that degree, you are probably ok.
Legally, yes, although genetically it may not be a good idea if the cousin is first or second. Beyond that degree, you are probably ok.
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