Adoption Questions & Answers by State

Adoption Questions & Answers

Q: I am a single mom trying to find out if it is possible for me to join the US Navy via relinquishing custody to my mom.

1 Answer | Asked in Adoption, Child Custody and Family Law for Colorado on
Answered on Oct 25, 2016

At present you have several problems.

(1) You have not resided in with the child in Colorado long enough for Colorado to have jurisdiction (power) over the child. This means that until the 6 mo. + 1 day runs, you would have to file in Texas.

(2) In Colorado, relinquishing custody (either guardianship or adoption) requires the notification (and ideally, consent) of both parents. If the father does not consent, you must convince a judge that it is "in the best interest" of your...
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Q: My niece wants my husband and I to adopt her unborn baby. Can we do this without hiring a lawyer

1 Answer | Asked in Adoption for Colorado on
Answered on Oct 25, 2016

Yes, you can file without an attorney. Here is a link to the CO Courts webpage: (look under "adoption"). Your local courthouse (and the webpage) have basic material to assist pro se (w/o attorney) parties.

Turning to the adoption itself. In Colorado, you must have consent of ALL parents (unless a parent(s) has had their parental rights terminated--this is a big deal). If you have consent by both biological parents the adoption...
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Q: My daughter had a baby with an ex-boyfriend. The boyfriend's name is on the baby's birth certificate.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Answered on Oct 23, 2016

Unless the biological father wants to terminate his rights as a legal guardian the chances of the court terminating his parental rights in favor of the new husband is slim to none. But there are many factors that are considered in such a case. An attorney would need much more information to render any opinion. Consult a domestic/adoption attorney near you.
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Q: Can i fight custody after an adoption is finalized if my rights were involentarly taken?

1 Answer | Asked in Adoption and Child Custody for California on
Answered on Oct 21, 2016

You can try, but I doubt you would win for two reasons. First, your parental rights were already terminated so you arguably had a chance to argue in that proceeding why your rights should not be terminated. Second, you theoretically could have fought the adoption as well, although your odds there probably would have been worse given your rights were terminated.

If you can, find a lawyer to help you. Termination of parental rights, adoption, etc are all complex areas and limited...
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Q: I am trying to adopt my step so. Who's dad passed in January he has since asked me to do this he has been on my health

1 Answer | Asked in Adoption for Colorado on
Answered on Oct 17, 2016

If you have consent of both parents (the deceased parent is effectively treated as if they consented provided you can produce the record of the death), the process is relatively simple. You can hire an attorney to handle the matter. You can also handle the adoption pro se (without an attorney). Your local courthouse will have information at their local self-help center. The forms can be found at this link for the Colorado Judicial Branch:
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Q: If my daughter wants to be adopted by her step dad how old must she be? Also what if her biological father refuses?

1 Answer | Asked in Adoption and Family Law for Florida on
Answered on Oct 9, 2016

There is no minimum age. If her biological father won't agree, there are conditions under which his consent can be waived.
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Q: we adopted 6 year old son while living in Kenya Nov 2014. In USA B1 visa need medical but no citizenship =no insurance.

1 Answer | Asked in Immigration Law and Adoption for Colorado on
Answered on Oct 6, 2016

It is not clear to me why you only have a B1 Visa. The normal process for international adoptions is automatic permanent residency (which can be followed in 2 years with an automatic citizenship application). Here is the link to the USCIS webpage for int'l adoptions: . You may want to consider contacting an immigration attorney who has experience with international adoptions.
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Q: Can a nonrelated family friend fight for custody over me & let me live with her if my parents are unable to provide 4 me

1 Answer | Asked in Adoption and Child Custody for Arizona on
Answered on Oct 5, 2016

Yes, unrelated third parties can seek custody or visitation rights pursuant to A.R.S. § 25-409. These cases are extraordinarily complex and involve constitutional issues. The family friend should schedule a free consultation with experienced family law counsel.
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Q: I have questions about filling out Form N-600 for my 23 year old daughter who is adopted. Should I consult a lawyer?

1 Answer | Asked in Adoption and Immigration Law for Wisconsin on
Answered on Sep 29, 2016

Yes, because you only get one crack at the N-600... meaning if you file it and it gets denied, you won't be able to re-file. Consider working with an immigration attorney to properly prepare the n-600. Another option is to first file to obtain a US passport for your daughter (assuming you believe she is a US citizen), and then the N-600 after obtaining the passport. Have you tried this yet? I would recommend at least discussing with an attorney prior to taking either of these steps.
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Q: I rescued a puppy and adopted him. The rescue said if we can't keep him we have to give him back can we give him to

1 Answer | Asked in Contracts and Adoption for Pennsylvania on
Answered on Sep 21, 2016

Odd they would want to enforce the contract but it is a contract.
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Q: My son was adopted at age 33. He passed away and now I was told I have no legal rights is this true?

1 Answer | Asked in Adoption and Probate for Massachusetts on
Answered on Sep 20, 2016

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.
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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

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).
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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

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...
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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

1 Answer | Asked in Adoption for Colorado on
Answered on Sep 12, 2016

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...
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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

You need to file a written revocation of consent and get a lawyer asap.
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Q: How do I adopt my former step-son (Kevin), who is now an adult?

1 Answer | Asked in Adoption for Florida on
Answered on Aug 27, 2016

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.
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Q: I need advice on adoption

1 Answer | Asked in Adoption for Ohio on
Answered on Aug 25, 2016

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...
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Q: How does my husband need to go about adopting my son? The biological father has never seen him or established paternity.

1 Answer | Asked in Adoption and Family Law for Tennessee on
Answered on Aug 25, 2016

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...
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Q: I know where they are, but I want to make sure that I don't go to jail for contacting them

1 Answer | Asked in Family Law and Adoption for Ohio on
Answered on Aug 20, 2016

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.
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Q: Husband has criminal record from 15yrs ago (robbery & aggr assault). If we get governor pardon will we qualify to adopt?

1 Answer | Asked in Adoption and Criminal Law for Pennsylvania on
Answered on Aug 15, 2016

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.
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