Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate.
answered on Nov 22, 2023
So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption.... View More 
My bio dad died when I was 10, and I haven’t seen the dude for 5-6 years prior, he never paid child support. Mama remarried and I got stepdad, they had my brother, BUT he never legally adopted me. Mama died 2 yrs ago and I’m 38 now. I want my dad to be legally my dad, NOT for the estate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2023
The fact that your stepdad was listed as your dad on your immigration paperwork and your Army paperwork may make a difference in your adoption case. The judge may consider this evidence of your relationship with your stepdad and his intent to be your father figure.
Unfortunately, due to the... View More
We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after... View More
answered on Sep 16, 2023
Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise... View More
My fiancé wants to adopt. How long do we have to be married for? Can he adopt before marriage?
answered on Jun 14, 2023
It would probably be best to get married first and then adopt. Even though the biological father is not on the birth certificate he is still legally the father and has rights, so when you and your future husband do get married and he (your future husband) goes to adopt your child, you and your... View More
My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to... View More
answered on May 18, 2023
The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to... View More
I have gave my cousin my twin daughter because of her son got shot by an officer that same year and she never had a daughter. And I had to get myself together and stable. And she asked about an adoption but I wasn't fully educated on it until now. I thought my me giving her to family I would... View More
answered on Dec 30, 2022
You would receive notice of an adoption if your parental rights have not been terminated. If you receive notice of an adoption, you can file an answer objecting or not consenting to adoption. If there is not an adoption pending, and she was given legal custody by a court, then you can file a... View More
answered on Dec 30, 2022
If you are paying child support for your adopted children, that will be a factor. However, if you are not paying child support for any other children or alimony to a former spouse, then it would not be considered. I am not sure if you are asking whether the number of people in your family is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023
Generally, adult adoption is allowed in many states, including Alabama.
answered on Dec 30, 2022
The short answer is, "yes." If the child was adopted, a name change could have been done during the adoption process.
I relocated w children. I had court & other parents permission. It’s now been 3 years and my husband wants to adopt the children we would file in the state where we currently live correct since the child visitation case in Florida has been closed since we moved…
answered on Jun 9, 2022
YOu file the step parent adoption with the probate court in the county in which you live.
Now ex old lady was cheating on me. Bringing the girls (2&1) with her to do so lying saying she was babysitting. When she was really there doing drugs. I’ve got enough on her to get full custody of My daughter easily, but her daughter would end up in the system. Her daughter already had her... View More
answered on May 14, 2020
Maybe. If there are no other family members that want her or are a suitable placement then, yes you have a shot at getting her also. The fact that you have her sister is also in your favor.
Birth father has never been apart of my child’s life nor is not on the birth certificate, or pays child support. Has never seen the child but once when we did the dna test. My husband whom has been apart of my child’s life and supported him financially and emotionally for 3 and half years wants... View More
answered on May 12, 2020
No a step parent adoption in the case of a willful relinquishment of custody or proof of abandonment is provided for under Alabama law. What surprises people the most is the fact that the father must be notified, give his consent or have an opportunity to appear in court and contest the... View More
My husband has sole custody of his children and she has supervised visits through the county. She has not exercised her rights to see the kids since she lost custody. (Dhr took her to court) She has not seen her children in 1 year and 6 months. She violated her probation a year ago and left the... View More
answered on Mar 4, 2020
I'd have to know more facts to be able to express an opinion. However, you probably are ripe for a termination of parental rights petition. Call a lawyer in your area and do it now, before she re-establishes contact with the children.
Together. Despite the court order 3 years ago, neither has paid any child support nor do they visit regularly. Can this be grounds for involuntary parental termination?
answered on Jul 10, 2019
Hello. Sounds like you need to either file an agreed to adoption (if both parents will consent of course) or a Termination of Parental Rights, settle that, then file your adoption. I suggest seeking an attorney in your area to help you through the process. Best of luck!
I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my... View More
answered on Jun 20, 2019
The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step... View More
She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.
answered on Mar 25, 2019
Yes, you can file a private custody petition in the juvenile court. You will have to show that both parents are unfit to have custody of the child and that you are.
I have a younger foster sister (who is biologically my niece) still with the foster family I was with. If the foster parents are willing to sign my foster sister into my custody is that the best way to go for her to be with me or is it best to try and do a relative adoption? I'm in Gulf shores al
answered on Jan 31, 2019
Hello. I would assume your foster parents have temporary custody pending the location of a viable adoption for your niece. DHR is likely involved as well. You would need to contact your neice's DHR caseworker and them s/he he know you want to adopt her. DHR will investigate you and your home... View More
If the new husband adopts the child?
answered on Dec 14, 2018
The new husband would only be able to adopt the child if the ex-husband legally terminates his parental rights. If that happened, then yes, current child support could stop.
Whether you and your husband are seeking adoption or to terminate your ex husband's parental rights, you should... View More
Will be moving to Decatur, AL in December. Child will have just turned 18. Step dad (for 16 years) would like to adopt. Is this a possibly in AL? Any limitations? Thank you.
answered on Oct 12, 2018
A person is a minor until age 19 in Alabama. So it would not be an adult adoption. This sounds like it would be a familial adoption and as long as you and the minor have been living in the same house for 12 months, then you could file for adoption. You would need consent from both biological... View More
Friend of family has funds and is ready to take the child into her home! Would be better choice regarding child's future! Father has claimed by phone cal that he will sign what needs be signed!
answered on Oct 10, 2018
Could be adoption or guardianship. You should seek out a family law attorney in your area who can discuss your specific situation and give you complete advice on which option is best for you and the child. Best of luck!
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.
