Your current state is Virginia
The child doesn’t know that the father isn’t his biological father — the step father tried 2 adopt him years ago but the biological father opposed it (the only thing he’s ever done “for” the child). Now the biological father is deceased. The step father has been the in loco parentis... Read more »
I believe with the child being 14 years old, the child would have to consent to the adoption, so there would not be a way to do so without his or her knowledge. But I think the stepfather very well could file for adoption at this point.
My wife and i got married for almost 11 months in Indiana south bend. But before that my step father filed for my adoption and i just got recieved my birth certificate last week now the thing is i want to change my marriage certificate last name.
You should have asked that your marriage license, and the resulting marriage certificate gave your adoptive last name. It's probably too late to change the marriage certificate; but ask the county clerk who issued the marriage license if it can be done.
Mother of child is on the run from law enforcement and father is unknown. She doesnt visit or help with any of the needs the child has. Pretty much abandoned the child after appointing me temporary guardianship.
You would have to apply for temporary guardianship, even though the mother has "given it to you." Since you already have physical custody of the child you would qualify for appointment from the probate court. There are other qualifiers for temporary guardianship, and for this reason it is best to... Read more »
(In Texas) In a Termination of Parental Rights Family Law case, the petitioner had the Petition served to a respondent. The respondent sent a Original Answer to the Court. BUT did not fill out a Certificate of Service and did not send the petitioner a copy of the Original Answer.
IS the... Read more »
When you file the Answer, it is your duty and responsibility to send a copy to Petitioner. If you don't, your Answer is still on file, but you could be sanctioned by the Court for failing to copy Petitioner on your filing.
The Petitioner, not having received an Answer from you, and unless... Read more »
It is unclear what your question is. Please provide a clarified question, and I or one of my colleagues will do our best to assist you.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
My cousin D is under 16 his mom passed and his dad passed some years ago. So he’s an orphan. His mom remarried and D lived with his mom an stepdad. Would my cousin D get a survivors benefit or something similar to that? My dad mentioned this to me but I don’t remember the specific name. If my... Read more »
D's adult brother, you his cousin, or any other person (such as the stepfather) might petition the courts for custody. You should consult with a family law attorney for details.
On Will & Testament it states I give my daughter? Amanda Gilbert my property what problem is he has no Daughter by the name of Amanda Gilbert this person only did a name change and took property and family back her up is that legal do you have to prove that you are actually a daughter to the... Read more »
If you believe he was unduly influenced and the will is fraudulent then you should consult an attorney regarding to see if it should be contested. Do not wait until the estate has been drained of all assets.
The child is not a relative of ours and there is no previous relationship, but we learned of her situation and want to offer a safe place to stay since we’ve developed a bond and see that she needs some love and protection. We are in New York State.
You need a guardianship or Article 6 court order
I have custody of a friend from high schools 2 children, she is on drugs and I couldn’t let them go into foster Care. I also have 1 child of my own who is 6. I got the first one when he was 4 months old, he is now 3 but has had a relationship with his mom the entire time, she gave birth again to... Read more »
You might not be able to adopt, but you might be able to obtain guardianship. Use the Find a Lawyer tab to talk to a local attorney who specializes in adoptions to review all the facts and advise you.
When the other parent has a open custody case open
The short answer is no. In Georgia, a child who has any living parent or guardian may be adopted only if each such parent and each such guardian:
(1) Has voluntarily and in writing surrendered all of his rights to the child to the department of human services or to a child-placing agency... Read more »
His mother is a friend from high school, I have had him from birth, he is now 15 months old. I want to adopt him and make him legally my child.
Mom said she is willing to terminate her rights but the father will not. He has never been around, he is on drugs and has multiple EPOs against... Read more »
Good morning, you need to hire an adoption attorney to petition the family court where you live to adopt and simultaneously terminate the parental rights of the birth parents. Based upon the information you’ve provided, it does not sound as if the birth father’s consent would be required... Read more »
Mother has full custody and is remarried. Father has already established paternity but lives in NH.
If the Father is willing to consent to a step-parent adoption, then it is a relatively simple matter to have the child adopted by the step-father and the Father's rights terminated. If, on the other hand, the Father wishes to terminate his rights and leave the child fatherless, this is normally not... Read more »
I have supported my stepson since he was an infant, the birth father is no longer alive and we are wanting to go through the adoption process and get everything changed.
An uncontested intrafamily adoption probably costs less than you think. An attorney that handles such matters can discuss their fees and other anticipated costs.
She has never gone 6months without a visit. She has never supported the child but we did not have a court order for support. Do we have ground to adopt
Give an adoption attorney a call. That may be enough if the mother has other problems and depending on the circumstances under which you got custody.
Parent’s are still required by law to pay child support even after a parent’s rights are terminated. A parent is relieved of any further child support obligation upon the court receipt of a final decree of adoption. A parent would always be required to pay the back child support, pursuant to a... Read more »
I was just granted asylum and will be applying for a green card next year. However, I worry about my younger brother who is still in my country of origin. He is 17 and he is the only immediate relative that I have there. Since we lost our parents at a young age, I assume that role for him, even... Read more »
Unfortunately, after being granted asylum, you cannot sponsor or petition siblings, only spouses and children. So you would not be able to sponsor your brother directly. You would have to wait until you are a U.S. citizen to directly petition him. Or, he might have another way to come into the... Read more »
paternal grandparents legally adopted them years ago. We live in Kentucky but several counties away from each other, what do I need to do?
Go to the child support office and supply them with the adoption info.
he will not add me using my name, currently use. asked me to change name back to birth name, which I will not do(40 years of current name). would I need my original birth certificate in order to obtain the benefits of his will/estate? both my mother and adoptive father(whose name I took) are... Read more »
Getting a copy of your birth certificate will not help. Unless you are listed in your biological father's current will as a beneficiary, and unless the will is probated, you will not be able to get anything from his estate after he dies.
Yes. Unless or until the child is adopted.
She has met her biological father once and he is usually mia and wants nothing to do with her. Hes currently incarnated(hes looking at 15yrs) and has never paid any child support.my daughter is 14 yrs old and has had me in her life since 10 months old. Do we need his signature?
Based upon everything you have said, I would suggest adoption if the father will cooperate.
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.
