Get free answers to your Adoption legal questions from lawyers in your area.
Your current state is Ohio
My child's mother has requested my consent for her spouse to adopt my son in California. My son was unlawfully taken by her from Nevada, and she successfully petitioned for full custody in California. Attempts to contact her over the years were ignored. They have filed an adoption petition,... View More

answered on Feb 21, 2025
You are either consenting to the adoption or you are not. Once the child is adopted by the step-Dad, you will lose your parental rights and lose your right to make any demands including for visitation. If you don't want that to happen then you should contest the adoption. In some... View More
I am the mother of a child for whom my child's aunt currently has court-ordered custody. The child's father, who is her brother, is willing to sign over his parental rights to her. I am supportive of this arrangement and do not want to give up my parental rights. Is it possible for my... View More

answered on Feb 14, 2025
The short answer is no. A child cannot be adopted without a termination of BOTH parent's rights. However, a termination depending on the circumstances may not be that hard to obtain with abandonment being the easiest route under the Adoption statutes. It would be wise for you to consult an... View More
The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More

answered on Feb 13, 2025
The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent

answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More
Both girls were removed almost 2 years ago one of them is with the biological father the 2 year old is being bounced around and I her biological grandmother would like to have her here in Florida but my husband has these two thirty year old restraining orders . Can I still get her?

answered on Dec 11, 2024
It would be irresponsible for any family law attorney to give you a suggested answer to your question without a whole lot more information, especially since you said that you live in Florida and presumably the grandchildren live in New Jersey.
My suggestion is that you schedule a... View More
How can I challenge the legality of the adoption of my son?
Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?
How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

answered on Dec 8, 2024
Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More
How can I challenge the legality of the adoption of my son?
Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?
How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

answered on Dec 9, 2024
Legal issues surround challenging the legitimacy of your son's adoption particularly in light of allegations of fraud, deception, lack of appropriate notice, and violations of due process rights. To properly negotiate this process, one need speak with a Nevada family law attorney versed in... View More
I have had the child 5 years, adopted 2 years now. Child not bonding with me or family. Behavior and mental not so good. Been in mental health services from day 1. Refuse to take meds.

answered on Dec 5, 2024
Adoptions can be reversed (aka "vacated") under certain limited circumstances. These limited circumstances are statutory and can be found at Family Code §9100 et. seq. Such limited circumstances include if the adopted child shows evidence of a developmental disability or mental... View More
removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia
How can they over rule judge's order?

answered on Dec 4, 2024
No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More
I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More

answered on Nov 16, 2024
I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More

answered on Nov 8, 2024
Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.
"Disabled" means a legal disability, not a medical disability, and is measured... View More
I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

answered on Nov 6, 2024
In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More
He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

answered on Oct 31, 2024
Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More
What can I do to prevent this from happening?

answered on Oct 31, 2024
Generally, a parent can take a child's cell phone. This includes as part of a disciplinary measure or if the parent wants to limit or prohibit cell phone or social media use.
Almost every school now has a school counselor available to students to help talk about issues they are... View More
I was under the understanding I would be able to call, write, minimal visits when I got sober. That was back in 2011-2012. 2014 I got sober and have reached out multiple times through messages and other family members. I have 2 other children now that want to know their sister. Do I have any leg to... View More

answered on Sep 25, 2024
Review and check for any explicit terms in the adoption agreement regarding your rights to contact. If you don’t have a copy of this agreement, obtaining one would be crucial. If possible, consider proposing mediation to your aunt. A third-party mediator can help facilitate a discussion and... View More
We have not heard from his father in a year if not longer. I have given up on texting and calling him due to him not replying. I send pictures here and there with no response. He has never financially helped in the whole 5 years but I never asked for child support. So at this point I think it’s... View More

answered on Sep 17, 2024
You can file for a step-parent adoption in your county's probate court. Because the biological father has not been involved or paid support to you in over a year (even without a support order) his consent is not required to commence the adoption. You do not need to file for abandonment.
I have custody of my grandson and in 2019 I paid a lawyer over $500 for my husband to adopt him. The lawyer guaranteed me that we would be in front of the judge before adoption month, November 2019. We have not been in front of a judge, have not received any papers , we haven't even talked to... View More

answered on Sep 10, 2024
Most adoption cases are wrapped up within a number of months. Even cases that go to trial and go up on appeal are generally resolved in a matter of years. Thus, something isn't adding up if you hired an attorney in 2019 and the adoption case isn't finalized by now.
If you are... View More
My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

answered on Sep 6, 2024
Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.
That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent... View More
My husband and I have had sole custody of my nephew for a little over a year after my sister’s death. There was no father listed on the birth certificate or in his life, but attempts were made by the courts to locate the supposed father at the time custody was awarded. He never came forward and... View More

answered on Aug 12, 2024
Here's my suggestion---it sounds like you do not have an attorney and you suggest that cost may be a fact-----I do not know if you previously consulted with an attorney, however my recommendation is that you set up an appointment with an adoption attorney for the purpose of a... View More
My partner is getting a divorce , we live in Nevada & her husband lives in Washington state. Can we avoid having to make the trip up to Washington , by notarizing the documents here on the mothers behalf & then send the documents to Washington & have her husband also notarize separately... View More

answered on Jul 31, 2024
As an attorney, I can provide some general information, but for specific legal advice tailored to your situation, please contact us at 702-979-1455 or visit our website at www.gastelumattorneys.com.
In divorce cases where the spouses reside in different states, it is often possible to... View 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.