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Adoption Questions & Answers
1 Answer | Asked in Family Law and Adoption for Georgia on
Q: How does my husband go about adopting my daughter?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

I'm assuming your husband is your daughter's step-father. The biological and legal father's parental rights must be terminated as part of an adoption. These are very complicated matters that require representation by an attorney.

2 Answers | Asked in Adoption and Family Law for California on
Q: My husband in the process of a step parent adoption. But two months ago, he was arrested for DV. The case is still pendi

I’m sorry it wouldn’t let me write more above. He was arrested for DV back in July in Las Vegas. 1st count misdemeanor, but hasn’t been convicted yet. His attorney seems to think he can dismiss it since the situation was minor. We are wondering if we should continue the adoption case until... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

That's not likely going to help things. Because more information is needed, he'll need to speak with an attorney. Find one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should... Read more »

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1 Answer | Asked in Family Law and Adoption for California on
Q: What do I need to do to adopt her daughter.

I married my wife and we have been together for 5 years. We have a child together, and I want to adopt her daughter. She is 7 years old and I have been there everyday for the past 5 years. What is the process. I live out in San Bernardino County. In the city Hesperia.

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

Certain requirements must be met for so-called "step-parent" adoption [more information is needed [don't share it here]]. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Kentucky on
Q: How would child support and custody work via private sperm donation?

Hello, I’m supposed to meet a married lesbian couple soon in my home state, Tennessee (I wasn’t sure which state this should go in). They’re from Kentucky and the child would most likely be born there, however conception would happen in Tennessee. They want me to sign a contract primarily... Read more »

Timothy Denison
Timothy Denison
answered on Sep 16, 2022

It should be covered in the sperm donation contract.

1 Answer | Asked in Contracts, Family Law, Adoption and Child Custody for Kentucky on
Q: If we have a donor contract signed can a sperm donor try to take a child after it’s born in kentucky?

We want to use a sperm donor to conceive a child and we want to take all precautions legally. So if we have a donor sign a contract stating we won’t ever attempt to get support in any sort of way and he can’t have any rights to the child will kentucky uphold it? Or will a contract even legally... Read more »

Timothy Denison
Timothy Denison
answered on Sep 15, 2022

If the contract is properly prepared, it should be enforceable both ways without a problem.

1 Answer | Asked in Adoption and Domestic Violence for Georgia on
Q: what is code 19-7-42 mean when officers get called out to a residents house for a domestic dispute but its against a 19

year kid that isnt even your kid but you wasnt threatening him/her or putting your hands on anyone but yet you was arrested supposedly for a probation violation?

Joshua Schiffer
Joshua Schiffer
answered on Sep 9, 2022

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: I have POA of my younger sibling. Requesting full custody now and have parents verbal consent. What are our next steps?

I currently have POA of my 6 year old sibling. Our father is incarcerated and his mother is in KY (but illegal immigrant). Neither parent want this child any longer. His mother agreed to relinquish her rights and grant me full custody. She doesn’t speak English and we are trying to establish this... Read more »

Timothy Denison
Timothy Denison
answered on Sep 1, 2022

File a petition in the county in which you reside.

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... Read 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 Mississippi on
Q: How do I adopt a child I’ve had custody of for 2 years?

I have had custody for 2 years. My sister is a drug user who was in a dangerous position and we got my Neice. My husband and I want to adopt her but do not know where to start? Do we need an attorney? She’s in agreement (at the moment). She’s had no physical contact with her in months. She goes... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 5, 2022

Here's what you need to do:

1. Fill out the petition and send it to the Circuit County Court in the county where you live.

2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow...
Read more »

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: My sister has two kids, their father lives in MI. If they are taken, can I motion to have them instead of their dad?

My sisters kids could be taken by CPS for neglect, but the father has sexual abuse allegations against him in MI. I want to keep the children if something does arise.

Timothy Denison
Timothy Denison
answered on Aug 4, 2022

You’ll need to go to all the court dates and make it known that you are seeking temporary custody. Not likely dad gets them with pending sex charges.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Texas on
Q: If my child is with temporary kinship care can I still visit with and see my child in Texas?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

Did you sign a safe agreement with CPS. The answer is in that agreement,

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: Birth mom snuck and placed child

Hello I’m in Georgia and found out my child’s mother placed our child for adoption. I havent did dna or anything yet but I want to and apparently baby is already in aps state. Who do I contact? She lied on her paperwork to not name me. Her friend told me. It’s been 20 days

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

Based on the facts above, you likely need to file a petition to legitimize the child so that you will have custodial rights. If you successfully legitimize the child, you will be able to contest adoption and custody of the child.

1 Answer | Asked in Adoption and Child Custody for Colorado on
Q: How does a grandparent take custody of kids from an absent parent?

My mother in law is trying to get custody of her grandkids. One parent is MIA and the other is in prison. What paper work gets it going?

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jul 25, 2022

It depends in whose custody the children are currently and what involvement the grandparents have had.

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: cps wrongfully removed my son court of appeals deamed cps overlay used disgresion and lied happiescorpus ignored

happiest corpus was signed by a judge to return my son but it was ignored no one was held in contempt of court the two gay men have him and we are supposed to have him back in our custody but we haven't even seen him in over a year what do i do to make them abide by the happiest corpus?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

You need to retain a lawyer or fet a court appointed lawyer,

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Im pretty sure the documents are through the court originally. When the mother got a few years sentence.

The court ordered DNA when she wanted child support money. He is still not on birth certificate, but now 13 years later and his sentence is 40 years. His half sister found him in prison when their father died. Didn't even know of each other. Now she has hired him a lawyer in prison and he... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

If the father is in prison for 40 years then I am not sure that I understand your concern. Please speak to a local family lawyer that specializes in dependency for more specific advice.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Hello, my husband and i were given legal guardianship. It is only notarized. How do i know if it is through the court?

The biological mother was in and out of jail throughout the minor childs life. The grandparents were given guardianship, since then the mother has passed , the minor child has lived with us 5 years now. Her parental father has been incarcerated her whole life. He got over a 40 year sentence. Now he... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

You need to look at whatever documents gave you guardianship. This is a specialized area of law. You should look for a consultation with a local attorney that does dependency. In general, the legal standard that the court follows is what is in the best interests of the child. It sounds like you are... Read more »

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: I have a 10 year old son. On his birth certificate, only I appear as guardian (I'm his birth mother).

His bio father never bothered to recognize him or even provide any type of support. I am now married (married 3 years and have been together for 5 years) and my husband wants to legally adopt him. Do I need to terminate parental rights with my son's biological dad, or can we skip that step and... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jul 19, 2022

Adoption and termination of rights happen at the same time. You will need to file for a stepparent adoption, which the biological father will have a right to contest. If he has not had more than de minimus (small) contact with OR provided support for your child for over a year then his consent is... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: Hello, I have been taking care of my nephew, every weekend, since his birth( he is 2.5). What could I do to legally

A guardian, his mother does not work, and really does not provide for him.

Corwin Kruse
Corwin Kruse
answered on Jul 14, 2022

You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... Read more »

1 Answer | Asked in Employment Law, Immigration Law and Adoption for Texas on
Q: Temporary Protected Status.

I am from India. Last year I got married to my girlfriend who is a US Citizen and I got adopted by a US Citizen. In 2020, During COVID'19, I could not function my MBA program as my SEVIS got Terminated. Recently I and my wife were planning to buy a home. Since I don't have a work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is no TPS for India. If you qualify for adjustment of status, you will be able to apply for a work permit when you submit your application.

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.

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