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

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... View More

Gratia "Grace" P. Schoemakers Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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

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

Michael J Stachowski 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

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)... View More

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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

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

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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

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

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

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

Kedra M. Gotel Lawyers, want to be a Justia Connect Pro too? Learn 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

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

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

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

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

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

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn 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.