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1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Can I win against an adoption petition?

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?

Nicholas P. Weiss
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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

1 Answer | Asked in Adoption and Family Law for California on
Q: Hi I’m currently in a pickle with guardianship over my younger sister she’s soon to be 3. and is in my aunts care.

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.

James L. Arrasmith
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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...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Why would a lawyer say it’s not ideal to get engaged for a custodial battle

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Adoption for California on
Q: Can A US citizen stepfather adopt the US citizenstepdaughter of A US citizen wife wo permission from illegal bio father.

The father is in prison and will be deported in a few months.

James L. Arrasmith
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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

2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

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.

James L. Arrasmith
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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

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1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: If child pertective services has you come to there office to sign some papers and then has a officer in the same room

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

Brent T. Geers
Brent T. Geers
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.

1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: Can cps use a 16 year old case in 2023 to remove a child from there home

Can cps drug test a parent if there not on proll or probation or because of a 16 year old case

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: Hello im currently trying to figure out how to get my boyfriends name on our sons birth certificate.We’re not married.

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

Alake Colwell Furlow
Alake Colwell Furlow
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

1 Answer | Asked in Adoption, Immigration Law and Family Law for Tennessee on
Q: can you adopt an American child, if your on a conditional green card status?

It's a conditional green card from a citizenship by investment application.

James L. Arrasmith
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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...
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1 Answer | Asked in Family Law and Adoption for New York on
Q: I'm wanting to pursue an adult adoption in Buffalo New York but I do not live in the state of New York.

I heard that there were residency requirements for the person doing the adoption.... The person I'm adopting lives in Buffalo.

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Immigration Law and Adoption for Texas on
Q: Dear Sirs, and Ma'am's ; I was Born in 1943 and arrived in Ellis Island. I need a Birth Certificate!

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!!!

James L. Arrasmith
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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

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1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: I am reaching out regarding urgent legal assistance regarding a matter concerning the welfare of my children.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can hcjfs (cps) tell my wife and kids to not have any contact with me the father, or is that parental alienation?

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

Nicholas P. Weiss
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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.

1 Answer | Asked in Family Law and Adoption for California on
Q: In CA can I relinquish my rights to a close family friend of 20 years? Can the judge deny the request under code 8700?

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?

James L. Arrasmith
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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

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: How to legally adopt a stepchild in the state of Missouri??

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

Kelisen  Binder
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Kelisen Binder
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

1 Answer | Asked in Adoption and Immigration Law for Oregon on
Q: How do I go about obtaining adoption and or immigration records?

My brother and I are applying for dual citizenship. One of the requirements in our case are adoption papers or perhaps an immigration N-400 form which would link our birth certificate name with my US military stepfather's last name. We were both naturalized in 1972 prior to turning 18. I do... View More

James L. Arrasmith
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answered on Apr 29, 2024

To obtain adoption and immigration records, you can follow these steps:

1. Adoption Records:

- Contact the court where the adoption was finalized. The court should have records of the adoption proceedings.

- If you know the state where the adoption took place, you can...
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1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: can i get custody of my brothers if i only have witnesses and online proof and medical records of parents abuse
James L. Arrasmith
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answered on Apr 20, 2024

Under California law, obtaining custody of your siblings based on evidence of parental abuse involves a legal process where the court prioritizes the safety and welfare of the children. Witnesses, online proof, and medical records documenting abuse can be substantial evidence in your case.... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Massachusetts on
Q: How can I change my sons date of birth on his birth certificate and citizenship papers. He was adopted from Haiti.

we have since received an new birth certificate from vital records in Haiti? Thank you

James L. Arrasmith
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answered on Apr 8, 2024

Official documents like birth certificates and citizenship papers are legal records, and altering them is considered forgery, which is a serious crime.

If your son was adopted from Haiti and you have received a new, official birth certificate from the proper authorities in Haiti, then that...
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1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can’t my (adopted mom) aunt-hold my legal documents if i’m 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2024

While it is probably wrong for your aunt to withhold important documents like your social security card and birth certificate from you, I doubt law enforcement will deign to get involved. Simply request duplicates from the appropriate government office.

A person cannot lawfully divert mail...
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1 Answer | Asked in Family Law and Adoption for Ohio on
Q: So I'm about to start the process of adopting my step kids, questions about home study.

I'm going to be adopting my step kids and their biological father agrees to give consent as he's not in their life and doesn't want to pay the child support and all so it's win-win for us all. It seems we still have to have a home study conducted in Ohio despite them living with... View More

Nicholas P. Weiss
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answered on Apr 2, 2024

It can be used against you the same way that consuming alcohol can be used against you. If you use to excess or it effects your ability to parent, that will be a strike against you. If it does neither of those things, it is a very low likelihood that it will derail the adoption.

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