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Adoption Questions & Answers
2 Answers | Asked in Adoption, Child Support, Estate Planning, Probate, Public Benefits and Family Law for New York on
Q: Legal concerns about identity and receiving inheritance in New York

I was born in Bronx, NYC, in 1988 and adopted in 1994. My current birth certificate has my first name in all caps, and my last name has three asterisks after it. My social security number seems to be from South Carolina. I’m concerned about whether this is legal and if I might have two... View More

Stephen Bilkis
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answered on Jun 26, 2025

I'm so sorry you're dealing with this confusing and stressful situation. Questions about identity, adoption, and inheritance can be deeply personal and legally complex, especially when records appear inconsistent.

In New York, once an adoption is finalized, the adopted individual...
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2 Answers | Asked in Adoption, Divorce, Child Custody and Family Law for Florida on
Q: Can my wife, who is on adoption papers, take custody after our divorce?

My wife and I are in the beginning stages of adopting my nephew's son. However, we are getting a divorce, and there are no custody arrangements in place. If the divorce is finalized before the adoption is completed, would my wife, who is on the adoption papers but has no biological relation to... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jun 17, 2025

Your wife's ability to seek custody depends largely on the timing and status of the adoption.

If the adoption is finalized before your divorce, then both you and your wife will be legal parents of the child—regardless of biological connection. In that case, the family court would...
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3 Answers | Asked in Adoption, Domestic Violence and Family Law for Georgia on
Q: How to file for uncontested adoption in Georgia without formal paperwork?

My husband would like to adopt my son, as he has been in my son's life since he was 8 months old and he is now 6 years old. We are seeking an uncontested adoption, and due to financial constraints, we want to file the paperwork ourselves. However, our county in Savannah, GA, does not have... View More

Joshua Schiffer
Joshua Schiffer
answered on Jun 10, 2025

With those facts I downright beg you to get a lawyer involved, have you tried your church or some social groups for support?

DFCS may also have some guidance and may even have forms or a lawyer who can assist, its just that they are overworked and under-supported by the Gov so they are...
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2 Answers | Asked in Adoption, Gov & Administrative Law and Family Law for Florida on
Q: How to update my adopted niece's birth certificate with her new name?

I adopted my niece along with my husband in Florida, and we have a final judgment showing her new name. She was born in Puerto Rico, and despite having a certified copy of the adoption judgment, we've been unable to reach the vital records office there to understand how to update her birth... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

Contact a lawyer who is a member of the P.R. Bar, who practices family law. Other than lawyers in P.R. itself, you likely can find some Fla. lawyers who are members of the P.R. Bar by contacting the Florida Bar Lawyer Referral Service, which you can find at Floridabar.org.

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4 Answers | Asked in Adoption, Immigration Law and Family Law for Wisconsin on
Q: How to inform biological father about step-parent adoption and immigration plans?

Given that I was never married to my daughter's biological father and he has not supported or been involved in her life for several years, should I inform him directly about our U.S. immigration plans and my intention for my U.S. citizen husband to adopt my daughter through a stepparent... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

A biological father has a constitutional right to see his child, and that right can only be revoked through due process in an adoption proceeding, allowing him the opportunity to challenge it if he chooses. Therefore, he must be given notice of any action affecting his parental rights. For specific... View More

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2 Answers | Asked in Adoption, Child Support and Family Law for Georgia on
Q: Can stepfather adopt child if biological father has no contact and no support?

Can my child's stepfather adopt my child if the biological father, who showed interest through a paternity test, is not on the birth certificate, hasn't contacted us for three months, and hasn't provided child support as initially ordered in Montana? The stepfather has been involved... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 26, 2025

In order for the stepfather to adopt your child you would need to go through the proper steps to terminate the biological father's parental rights. Only then can the stepfather adopt, unless the biological father voluntarily terminates.

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2 Answers | Asked in Child Custody, Child Support, Family Law and Adoption for Nebraska on
Q: Can refusing my ex's visitation request lead to contempt of court given years of non-contact?

I have a custody order from Nebraska that gives my ex 4 weeks in the summer, 4 days for holidays, and allows FaceTime every day. They haven't seen my child in 4 years or spoken to them in 2. Initially, I was granted a relocation order to move out of state, but I am returning soon. I have sole... View More

Julie Fowler
Julie Fowler
answered on Apr 11, 2025

If you are not following the terms of the Court order, then it is possible that the other party will file a contempt and that the Court will find you in contempt.

However, even if the party files for contempt, the party requesting the contempt finding has to show that you are in willful...
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2 Answers | Asked in Adoption, Domestic Violence, Civil Rights and Family Law for Georgia on
Q: As a 15-year-old, can I leave my house to contact the police?

I am a 15-year-old who was adopted by my uncle and aunt. Due to a violent incident where my uncle threw me around, I had to call the police. They relocated me to my grandma's house. My uncle and aunt took my phone, and my grandma won't let me talk to the police or ask questions about my... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 7, 2025

You can ALWAYS call the police. ALWAYS.

If you are in danger you can ALWAYS reach out to Police, Fire and other State Agents as there are protections for you due to your age.

A teacher is another safe pathway, as they are trained how to deal with these issue and get the right...
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3 Answers | Asked in Adoption, Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?

I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More

Daniel A Bachert
Daniel A Bachert
answered on Mar 31, 2025

The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.

The...
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2 Answers | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can a former foster parent obtain parental rights or access to a child now returned to their biological parents?

I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More

Stephen Bilkis
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answered on Mar 25, 2025

I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More

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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

Isaac Shutt
Isaac Shutt
answered on Mar 5, 2025

To answer this question specifically, we'd have to know more. Specifically:

1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of...
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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

Gratia "Grace" P. Schoemakers
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answered on Mar 5, 2025

It depends. If your spouse left the house to only you in a will, no one other than you has a right to the house.

However if he left it in shares to multiple people under the will (including the child that he gave up for adoption), multiple people would have a right to it, including the...
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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

James Clifton
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James Clifton
answered on Mar 5, 2025

First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption... View More

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2 Answers | Asked in Adoption, Child Custody and Civil Litigation for California on
Q: Can I request mandatory visitation if consenting to son's adoption in CA?

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

Tobie B. Waxman
Tobie B. Waxman
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

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1 Answer | Asked in Adoption, Child Custody and Family Law for Alabama on
Q: Can aunt adopt child if one parent keeps rights in AL?

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

Shane Michael Oncale
Shane Michael Oncale
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

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for New York on
Q: I'm 16 right now, turning 17 on August 4th of this year. Can I leave on August 5th?

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

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

2 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: What are my options legally after having my grandson for over 30 days straight?

His parents dropped him off and have excuse after excuse of why they cannot get him. At this point I do not want him with them because they cannot care for him but I do not know what my options are legally.

Raymond Chow
Raymond Chow
answered on Feb 28, 2025

The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A) voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return;

(B)...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Oklahoma on
Q: What legal rights does parents have regarding a CPS case?

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

Danya Bundy
Danya Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Family Law and Adoption for New Jersey on
Q: If you have a 30 year old restraining order can you adopt a grandchild

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?

Richard Diamond
Richard Diamond
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...
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3 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

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

Jennifer Setters
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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

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