Adoption Questions & Answers by State

Adoption Questions & Answers

Q: How do I obtain custody my children?

1 Answer | Asked in Adoption, Child Custody and Family Law for Rhode Island on
Answered on Feb 20, 2017

Custody matters are complex and best addressed with the assistance of a professional. Look for, and retain a family court attorney, to make sure you case is presented well.
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Q: adoption question.

1 Answer | Asked in Adoption and Family Law for Louisiana on
Answered on Feb 20, 2017

Under Louisiana's laws relative to intrafamily adoption, a child's step-father may adopt his wife's child. In order to be considered a step-parent, the person adopting must be married to the child's parent. If I can assist you further, please feel free to contact me. I'd be happy to help.
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Q: I have full custody of my child & My husband wants to adopt her. Where do I begin?

1 Answer | Asked in Adoption for Virginia on
Answered on Feb 20, 2017

There is one important question - does bio dad agree or disagree with an adoption? The answer will help give a clearer idea of the time and effort involved. You'll probably want to at least talk with a local family law / adoption attorney who knows the court in your county and is familiar with the process. Good luck!
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Q: I would like to adopt my brothers child.

1 Answer | Asked in Adoption and Family Law for California on
Answered on Feb 17, 2017

There are various ways to adopt in CA. See: http://www.courts.ca.gov/selfhelp-adoption.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: I have 0% custody and babys mom has 100% custody can the grandparents file to adopt and take over custody in my behalf?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Answered on Feb 16, 2017

See: http://www.courts.ca.gov/17976.htm re: grandparent visitation rights.

See: http://www.courts.ca.gov/1200.htm re: child support and termination of parental rights.

Grandparents can file visitation rights, not custody rights. You cannot avoid past child support obligations under such a scheme, but if you terminate your parental rights via court order you may then petition to terminate your child support requirements. That is a very major step, so be careful.

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Q: If my son's father has not seen him in 6 years could the judge order a name change without the fathers consent?

1 Answer | Asked in Family Law and Adoption for Tennessee on
Answered on Feb 16, 2017

If there is no opposition, its possible the Judge will grant your request. Your question doesn't provide information about an important consideration: the age of the child. If the child is already school age and in summary, has assumed an identity, the Judge may not be willing to change the child's name. The child is not related to you new husband, so changing the name at this stage could be confusing to the child. You may wish to discuss the possibility of your husband adopting the child,...
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Q: My husband wants to see if he can get his son from the mother

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Answered on Feb 15, 2017

He needs to seek the assistance of an attorney that handles custody matters as soon as possible. The longer one takes to assert his rights in such a case, usually the worse the chance of success. Give me a call, toll free, at 866-Doug-Bryan (368-4279) or email me at doug@dougbryanlaw.com if I can be of help.
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Q: In article ch.c art. 1245, if the petitioner doesnt eed the biological parents consent for intrafamiky adoption, why

1 Answer | Asked in Adoption and Family Law for Louisiana on
Answered on Feb 15, 2017

Just because someone alleges facts that the bio parent's consent is not required does not necessarily mean that the person making the allegation is correct. Therefore, any party whose rights are being affected have to be put on notice of the adoption so that they can assert any rights that they may have. In the long run, it's the best thing, in that it keeps them from springing up out the woodwork years after the adoption, only to find that they may have had rights that weren't dealt with....
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Q: My mother adopted my daughter around 2 years old and stated in the adoption if she passed away before the child turns 18

1 Answer | Asked in Adoption and Child Custody for Louisiana on
Answered on Feb 15, 2017

I have never seen a provision in a judgment of adoption that the surrendering parent would automatically get the child back if the adopting parent died. She may have put that in her will. Nonetheless, I believe any such provision would only have the force of "suggesting" to the judge that such was her desire. I don't believe it would have any binding effect on the court. Upon your mother's death, anyone could file asking for custody of the child. The standard the judge would use would be...
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Q: I have temporary guardianship of a 4 year old child I would like to adopt. What is considered "parental abandonment"?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Tennessee on
Answered on Feb 14, 2017

The adoption statue defines abandonment as a willful failure to support or visit a period of four months immediately prior to the filing of the adoption petition. The burden of proof is high: the standard is "clear and convincing evidence."
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Q: I am almost 18 and my girlfriend is almost 16 can she live with me if I move out at 18?

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Colorado on
Answered on Feb 14, 2017

While the is no problem with an adult (over 18) leaving home, there are concerns with a minor leaving home. The real issue for the minor is that parental consent would be required for her to leave. Even then, it would likely be in all parties' interests to continue to formally list the minor's primary residence with her parents. An unrelated potential issue is that some lease agreements require a disclosure of all people living at the rental. Since an emancipated minor would have difficulty...
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Q: How might this bill affect parental or spousal rights? Could this bill somehow be invoked in order to prevent adoption?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Tennessee on
Answered on Feb 13, 2017

Your question does not provide enough information to respond.
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Q: I would like to fight for my nephews. Do I have to wait until after court when they are officially adoptable?

1 Answer | Asked in Adoption for California on
Answered on Feb 12, 2017

Are their parents' rights terminated? Do you want to file a guardianship case in CA? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: I need help I'm about to loss my child her mom remarried and want the new husband to adopted my child

1 Answer | Asked in Family Law and Adoption for New York on
Answered on Feb 8, 2017

You would have to agree to terminate your parental rights if they wanted to then adopt the child, and I'm guessing you wouldn't agree to that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
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Q: If my ex partner hasn't made contact with our son in over 4 years, can he seek custody and/or visitation?

1 Answer | Asked in Adoption, Child Custody and Child Support for Georgia on
Answered on Feb 8, 2017

The short answer is that yes, he can seek custody and visitation. However, you can contest it. In fact, if you are getting married, you can get married, then have your husband file for adoption. Once you do that, the father has to be served and you will argue to the court that the father's rights should be terminated and your child adopted by his stepfather all in one case.
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Q: My wife and I recently got APR of her half sister, can we collect child support from the sisters father?

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Answered on Feb 8, 2017

It depends on the nature of the case. If your parental responsibility also includes significant periods of the year in which you provide support to the minor and the minor resides at your residence, there is a realistic possibility for support. Situations can be harder to define if either or both parents have legally granted significant periods with the child. Contact a family law attorney for the details.
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Q: Can I get my son back from the open adoption and bring him back to me

1 Answer | Asked in Adoption and Family Law for Illinois on
Answered on Feb 7, 2017

No, once you sugn a consent, your parental ties are terminated.
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Q: Can my ex-hus. sign over his rights Without an adoption? He lives in KY, I live in TN. He wants to stop Financial respon

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Tennessee on
Answered on Feb 7, 2017

Tennessee law does not allow a man to escape his responsibility to support his child by simply signing away "his rights" UNLESS its part of adoption ( where another man assumes that responsibility). No exceptions.
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Q: I need help figuring out if my parenting rights were terminated, and how my son was adopted without my notification

2 Answers | Asked in Adoption for Pennsylvania on
Answered on Feb 6, 2017

This is a forum for people who have legal questions. You don't State a question. The best course of action based on what your stated intention is, is to search out local Counsel. A local attorney is going to be the only person who can get you the information that you need. Call somebody in the town where the courthouse is located. Good luck!
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Q: Adult adoption of 28 year old Texan. Will this affect her disability insurance?

1 Answer | Asked in Adoption for Texas on
Answered on Feb 5, 2017

There is a possibility for some government programs. For disability alone, the effect may not be significant if she has documented disability. However, if you are providing support this can change the calculation for her need if she is receiving other government assistance. You can contact a SSI/Disability lawyer or schedule a meeting at your local Social Security Office.
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