Adoption Questions & Answers by State
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Adoption Questions & Answers
Q: My son was adopted at age 33. He passed away and now I was told I have no legal rights is this true?
Lillian J. LaRosa's answer
I guess you are his father? It also depends when he was adopted and when he died. The laws have changed in Massachusetts over the years.
I guess you are his father? It also depends when he was adopted and when he died. The laws have changed in Massachusetts over the years.
Q: How/when do I find out if the other party was approved to not appear (like was requested in their response)
1 Answer
| Asked
in
Adoption, Child Custody and Juvenile Law
for
Colorado
on
Answered on Sep 16, 2016
Answered on Sep 16, 2016
Tristan Kenyon Schultz's answer
Usually, a phone appearance request must be made in a separate motion. For pro se parties (without a lawyer), most judges relax the filing requirements, so the reply may be sufficient. The best ways to check are to look at the filing history (which I do not believe is available to the lay public) or look at the docket (check the webpage of the courthouse). You can also call the clerk (i.e. the judge's phone number--use this sparingly).
Usually, a phone appearance request must be made in a separate motion. For pro se parties (without a lawyer), most judges relax the filing requirements, so the reply may be sufficient. The best ways to check are to look at the filing history (which I do not believe is available to the lay public) or look at the docket (check the webpage of the courthouse). You can also call the clerk (i.e. the judge's phone number--use this sparingly).
Q: Bio dad lives in IN & his mom wants custody of my son they hired an attorney to get custody and visitations.
1 Answer
| Asked
in
Adoption, Child Custody, Child Support and Family Law
for
North Carolina
on
Answered on Sep 13, 2016
Answered on Sep 13, 2016
Amanda Bowden Houser's answer
There really isn't a question here - just a list of the exact same statements every family law attorney hears from one parent about the other side. Oh, they use drugs. Oh, they never call or send money. Oh, they are criminals and have criminals in and out of the house at all hours. If all of this is true - you have nothing to worry about. File a petition to terminate father's rights and then proceed with your adoption plan. Of course if all of that isn't true or is at best an exaggeration...
There really isn't a question here - just a list of the exact same statements every family law attorney hears from one parent about the other side. Oh, they use drugs. Oh, they never call or send money. Oh, they are criminals and have criminals in and out of the house at all hours. If all of this is true - you have nothing to worry about. File a petition to terminate father's rights and then proceed with your adoption plan. Of course if all of that isn't true or is at best an exaggeration...
Q: My 18 y/o daughter wants to be adopted by her step father but does not want her birth father involved how can we do that
Tristan Kenyon Schultz's answer
The answer depends on whether a support order/custody order is still is place (in Colorado both can continue to 19 or later for say support during college). If these are in place then, you cannot formally adopt without notifying the biological father and having him consent (or a judge to overrule the father's objection--very unlikely). If there is no support/custody order(s) in place and the child is 18 (i.e. an adult), then she can apply for an adult adoption (the process is similar to a...
The answer depends on whether a support order/custody order is still is place (in Colorado both can continue to 19 or later for say support during college). If these are in place then, you cannot formally adopt without notifying the biological father and having him consent (or a judge to overrule the father's objection--very unlikely). If there is no support/custody order(s) in place and the child is 18 (i.e. an adult), then she can apply for an adult adoption (the process is similar to a...
Q: Does signing a VPA mean that you've lost your parental rights?
1 Answer
| Asked
in
Contracts, Family Law, Adoption and Child Custody
for
Florida
on
Answered on Sep 12, 2016
Answered on Sep 12, 2016
John Arthur Smitten's answer
You need to file a written revocation of consent and get a lawyer asap.
You need to file a written revocation of consent and get a lawyer asap.
Q: How do I adopt my former step-son (Kevin), who is now an adult?
Terrence H Thorgaard's answer
Yes, adoption is a matter of state, not federal law, and the law of each state varies to some degree. In some states, for example, adoption of adults may not be possible. Since Kevin resides in Utah, you probably would need to file there.
Since he is now an adult, you probably don't need his parents' consent, and the fact that you are divorced from his mother probably doesn't matter. Check with an attorney in Utah.
Yes, adoption is a matter of state, not federal law, and the law of each state varies to some degree. In some states, for example, adoption of adults may not be possible. Since Kevin resides in Utah, you probably would need to file there.
Since he is now an adult, you probably don't need his parents' consent, and the fact that you are divorced from his mother probably doesn't matter. Check with an attorney in Utah.
Q: I need advice on adoption
Douglas A. Ball's answer
It sounds like you have done everything right to this point. In order to adopt, you need to have legal custody for at least a year in most counties. I strongly recommend that you contact an attorney who practices juvenile/probate law in your county. The next steps will require that you file in Probate Court for the adoption. Be sure to have all of the orders, case managers, etc. from your Juvenile case readily available. You will need a certified birth certificate if you do not already...
It sounds like you have done everything right to this point. In order to adopt, you need to have legal custody for at least a year in most counties. I strongly recommend that you contact an attorney who practices juvenile/probate law in your county. The next steps will require that you file in Probate Court for the adoption. Be sure to have all of the orders, case managers, etc. from your Juvenile case readily available. You will need a certified birth certificate if you do not already...
Q: How does my husband need to go about adopting my son? The biological father has never seen him or established paternity.
Leonard Robert Grefseng's answer
I strongly suggest you hire a lawyer to assist you in this process, its not something you should attempt on your own. To complete a "step-parent adoption," a petition will need to be filed in court asking for that, and part of the process is to terminate the parental rights of the biological father. Although he has apparently never exercised these rights, they still exist until terminated by court action. This is not something that is taken lightly, as the required proof is a high standard. It...
I strongly suggest you hire a lawyer to assist you in this process, its not something you should attempt on your own. To complete a "step-parent adoption," a petition will need to be filed in court asking for that, and part of the process is to terminate the parental rights of the biological father. Although he has apparently never exercised these rights, they still exist until terminated by court action. This is not something that is taken lightly, as the required proof is a high standard. It...
Q: I know where they are, but I want to make sure that I don't go to jail for contacting them
Matthew Williams' answer
Are you court ordered to stay away from them? If not, they are adults now and I don't see how you could be arrested for making contact.
Are you court ordered to stay away from them? If not, they are adults now and I don't see how you could be arrested for making contact.
Q: Husband has criminal record from 15yrs ago (robbery & aggr assault). If we get governor pardon will we qualify to adopt?
R. Patrick Link's answer
Governors pardons are hard to come by, and you will need a lawyer to walk you through the process. As far as what impact the convictions and/or a pardon could have on your adoption chances, that question is best answered by a family law attorney. Good luck.
Governors pardons are hard to come by, and you will need a lawyer to walk you through the process. As far as what impact the convictions and/or a pardon could have on your adoption chances, that question is best answered by a family law attorney. Good luck.
Q: I was pregnant when I met my now ex boyfriend.
Terrence H Thorgaard's answer
Your husband will want to have an attorney so that the paperwork is done correctly. But in general the man named on the birth certificate, as well as the biological father will probably have to each be notified or give his consent.
Your husband will want to have an attorney so that the paperwork is done correctly. But in general the man named on the birth certificate, as well as the biological father will probably have to each be notified or give his consent.
Q: If my niece been adopted but now want to be with her real family how do I go about getting custody.
Nicholas Hay's answer
Your options are few and very difficult to achieve. You could attempt to establish a guardianship in Iowa if that is where she is living. Her parents would have to consent to the guardianship if you can't prove that they are unfit. Even though she is 16 it doesn't mean she gets to pick where she lives. If you want to adopt, the window for that option practically closed when she was adopted. To adopt, her parents would have to have their rights terminated. Unless they consent to that it is...
Your options are few and very difficult to achieve. You could attempt to establish a guardianship in Iowa if that is where she is living. Her parents would have to consent to the guardianship if you can't prove that they are unfit. Even though she is 16 it doesn't mean she gets to pick where she lives. If you want to adopt, the window for that option practically closed when she was adopted. To adopt, her parents would have to have their rights terminated. Unless they consent to that it is...
Q: I want to move back to the US as a high school student, but the school doesn't approve student visa what can I do?
Shan Dimitris Potts' answer
At 15 years old it is not easy to get a visa of your own to travel by yourself. The only option I see for you is becoming an exchange student if your school allows that program. Talk to your DSO and find out.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice,...
At 15 years old it is not easy to get a visa of your own to travel by yourself. The only option I see for you is becoming an exchange student if your school allows that program. Talk to your DSO and find out.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice,...
Q: my adopted daughter is now 18 can i contact her?
Peter Munsing's answer
You want to check with the papers you signed. Some are "open" some are "closed"
You want to check with the papers you signed. Some are "open" some are "closed"
Q: Biological father never involved married my husband stepped in I have sole custody he's trying to get custody what do
2 Answers
| Asked
in
Family Law, Adoption and Child Custody
for
Pennsylvania
on
Answered on Aug 4, 2016
Answered on Aug 4, 2016
Peter Munsing's answer
your husband can apply for some role--adoptive parent or whatever. Your first order is to get a custody attorney who practices in your county.
your husband can apply for some role--adoptive parent or whatever. Your first order is to get a custody attorney who practices in your county.
Q: its in more information
Tammy Lyn Wincott's answer
This will depend on a lot of things but bottom line is a child cannot just "choose" to go back with his parents; however, absent any official paperwork including something from CPS, i.e. a safety plan, etc. his parents have the right to have their child.
This will depend on a lot of things but bottom line is a child cannot just "choose" to go back with his parents; however, absent any official paperwork including something from CPS, i.e. a safety plan, etc. his parents have the right to have their child.
Q: My wife's friend wants us to adopt her child she lives in Missouri we live in Minnesota. We have a home study. What next
Lucas Wynne's answer
Has the baby been born as of today? Hire an attorney to help you, many offer reduced fees for adoptions.
Has the baby been born as of today? Hire an attorney to help you, many offer reduced fees for adoptions.
Q: Twice I have been given misinformation by the uscis and now am out around $2000. Is there any recourse?
Peter Munsing's answer
You should contact a member of AILA ideally in the area of the US to which you will be returning. Religious groups working on immigration issues may have volunteer attorneys--consilt Jesuit Refugee, Episcopal Refugees, HIAS Refugees.
You should contact a member of AILA ideally in the area of the US to which you will be returning. Religious groups working on immigration issues may have volunteer attorneys--consilt Jesuit Refugee, Episcopal Refugees, HIAS Refugees.
Q: How can I change my daughters last name or add a father to her birth certificate?
Terrence H Thorgaard's answer
To get him named on the birth certificate, he would have to adopt the child. Normally this requires that he and you first be married. In an adoption proceeding, the biological father would have to be notified, although his consent may well be not necessary.
To get him named on the birth certificate, he would have to adopt the child. Normally this requires that he and you first be married. In an adoption proceeding, the biological father would have to be notified, although his consent may well be not necessary.
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