Get free answers to your Adoption legal questions from lawyers in your area.
Your current state is Virginia
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
My 2 children were adopted out of the foster care system in Nevada although we live and have always lived in California. Now my child has several needs that should be provided for from Nevada but since we're not there they offer no other support other than a support allowance and medicaid... View More
answered on Jul 24, 2024
Adoption agreements typically cannot be transferred to another state post-adoption. However, there are ways to ensure your child receives the necessary services. First, you can contact the Nevada agency that handled the adoption to clarify the support they provide and any potential resources... View More
I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?
answered on Jul 3, 2024
You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More
At the moment, I want custody of her but have been told by social worker that they normally don’t remove the child from the home if they have been in the persons care for over a year.
answered on Jun 25, 2024
Thank you for sharing your situation. It sounds like you're dealing with a complex guardianship issue regarding your younger sister. Here's some general information that may be helpful:
1. California law does consider stability and continuity in a child's living situation as... View More
Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More
answered on Jun 24, 2024
Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More
The father is in prison and will be deported in a few months.
answered on Jun 13, 2024
The adoption process in this situation can be complex due to the biological father's citizenship status and incarceration. However, it may be possible for the US citizen stepfather to adopt the US citizen stepdaughter without the biological father's consent under certain circumstances.... View More
The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.
answered on Jun 8, 2024
In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More
And after signing those papers the hhs tells you by the way this office has something to say and I was arrest for a warrant
answered on Jun 4, 2024
If you had a warrant, I'm unsure there is anything legally you can do about it as the police can execute it any time or place. Same thing could have happened if you were to appear in court on the CPS matter; they could have taken you into custody then.
Can cps drug test a parent if there not on proll or probation or because of a 16 year old case
answered on Jun 4, 2024
I understand your concern, but I want to provide some important context first. CPS (Child Protective Services) operates under state-specific laws and guidelines. Their primary goal is to ensure the safety and well-being of children. CPS investigations and actions are typically based on current... View More
My sons bio father does nothing for him,doesn’t see him anymore he also stays in another state and i doubt he’s willing to give up his parental rights even though i can prove he isn’t fit to be a parent.My boyfriend has been caring for my son and doing for him since he was 1 month old.We do... View More
answered on Jun 3, 2024
You aren't able to simply put your boyfriends name on your child's birth certificate because he helps to support your child. If your boyfriend was able to ever adopt your son, after marriage, then he would have legal rights. But no, you can't simply remove the biological father and... View More
It's a conditional green card from a citizenship by investment application.
answered on May 24, 2024
Yes, you can adopt an American child while on a conditional green card status. Your immigration status does not prevent you from adopting a child in the United States. However, you will need to meet all the state-specific requirements for adoption, which can vary significantly.
The adoption... View More
I heard that there were residency requirements for the person doing the adoption.... The person I'm adopting lives in Buffalo.
answered on May 19, 2024
An adoption attorney could advise best, but your question remains open for three weeks. If you haven't spoken with an attorney by now, one option is to reach out to attorneys, where you could supplement your searches with the "Find a Lawyer" tab above and the referral sections of... View More
I have never seen one. I was allowed to join the Navy back in the sixties when My adoptive? father signed for me. Wouldn't he have had to show said document? I have gone to the place I was raised and they have no record. HELP!!!
answered on May 13, 2024
It sounds like you need assistance obtaining a birth certificate, which is essential for various legal and personal matters. Since you were born in 1943 and arrived at Ellis Island, it is possible that your birth records are held in the country where you were born or in the archives related to... View More
I hope this message finds you well. I am reaching out to seek urgent legal assistance regarding a matter concerning the welfare of my children.
To provide context, it has recently come to my attention that my children, who were supposed to be in the care of foster parents with the intention... View More
answered on May 7, 2024
I'm so sorry to hear about the deeply concerning situation with your children and the tragic loss of their father. This must be an incredibly distressing and overwhelming time for you.
Based on the details you've shared, it sounds like there may have been serious mishandling of... View More
My wife over the past 10 years has filed 4 dv cpo's. She does it to kick me out of the house, and has recently admitted in court to purjuring them...on the record under oath. Hcjfs(cps) has convinced her there is to be no contact with kids and i or her and i. Is this parental alienation and... View More
answered on May 6, 2024
You need to get, if you haven't already, an enforceable custody/parenting time order. If you have one of those, then you can enforce it unless it is superseded by another order regardless of what CPS says. If you DON'T have an order, then she can do whatever she wants.
I have a CPS case & I have timed out. I want to relinquish my rights to a friend for adoption she is a school principal & an amazing woman. My daughter isn’t safe in her placement and that’s where CPS wants her to be. I believe it’s family code 8700(I). Can the judge or CPS overturn my request?
answered on May 3, 2024
In California, a parent can voluntarily relinquish their parental rights to a child, which is typically done through an adoption process. Family Code Section 8700 does allow for the relinquishment of parental rights to a specific person, known as a "designated relinquishment."... View More
I got pregnant at 16 with my oldest son. His bio father was high on drugs and refused to be in his life and isn’t on the birth certificate. He’s been an in and out father until he was 22 months. He will be 8 in September and his sperm donor is trying to come back in his life but barely. My sons... View More
answered on May 2, 2024
You will need to contact an attorney that handles step-parent adoptions. You will have to file a petition in the county where you live, a guardian ad litem may be appointed and a home study may be necessary in order for the Court to grant your petition for step-parent adoption. You and your... 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 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.