Also, if you would be able to cite a specific law or court case. The state is California.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... Read more »
My son died the mother of the grandchild is in prison the court appointed a guardian now the guardian wants the adopt my granddaughter before the adoption goes through does the guardian have to inform the minor child's family members of the adoption
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023
Here are some points to consider:
Adoption and Family Notification: The laws regarding notification of family members before an adoption varies by jurisdiction. In many cases, there may be legal requirements to notify certain family members or seek their consent before a child can be... Read more »
Not looking to separate from my father legally, but wondering if another woman can adopt me as my new mother if my mother is no longer living. She is NOT married to my father but is the closest relationship I have for a mother.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2023
Adult adoption is a legal process that is recognized in California, and it is possible for a person to be adopted as an adult under certain circumstances. The purpose of adult adoption can be to formalize an existing parent-child relationship, or for inheritance purposes, among other reasons.... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023
The process to terminate the parental rights of a presumed father can vary depending on the state in which you reside. Generally, the following steps may be involved:
File a petition: You will need to file a petition with the court to terminate the father's parental rights. The... Read more »
Social worker used a "petition" that was NOT FILED prior to removal of my child, and a "detention warrant" that was also not filed but was allegedly "signed" by a judge who I found out IS NOT A SEATED JUDGE AND HAS A STATUS OF INACTIVE FOR AN ENTIRE YEAR prior, and... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2023
I'm sorry to hear about the difficult situation you are facing with the removal of your child and the use of potentially fraudulent documents by the social worker and local law enforcement. It is important to understand the legal implications of the situation.
If the petition was not... Read more »
Mom hasn't seen the biological father since she was 4 months pregnant. The little girl is 3 years old.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023
In California, if a mother has a little girl without a father listed on her birth certificate and is living with a man who wishes to adopt the girl, there are certain legal steps that must be taken to terminate the biological father's parental rights and proceed with the adoption.... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2023
To prepare a petition to nullify an adult adoption in California, you will need to follow the procedures set forth in California law. Here are the basic steps:
Determine the grounds for nullification: In California, there are certain grounds for nullifying an adult adoption, such as fraud,... Read more »
My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2023
Under California law, a parent can generally withdraw their consent for guardianship. If your brother did not fully understand what he was signing, or if he was misled or coerced into signing, he may have grounds to challenge the guardianship and seek custody of his child.
Your brother... Read more »
My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... Read more »
answered on Mar 1, 2023
A parent may withdraw consent to a guardianship so long as the Permanent Guardianship has not yet been granted. If the Permanent Guardianship has not yet been granted, the parent may file an Objection to Petition for Appointment of Guardian (Judicial council form GC-215), and clearly state why the... Read more »
We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2023
To add your partner's name to your children's birth certificates in California, you will need to take the following steps:
Obtain a Voluntary Declaration of Parentage form: This is a form that establishes the legal relationship between a parent and a child. You can get this form... Read more »
We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.
answered on Feb 27, 2023
1. Common Law spouse is not recognized in California.
2. You can't just unilaterally add a man to the father's position on the birth certificate.
You will need to go through a stepparent adoption if you are married. Otherwise its an independent adoption and termination of... Read more »
Social worker misconduct and harassing the parent and the parent is homeless not knowing what's going on exactly because of the lack of knowing the laws and the process I thought that CPS were advocates of family reunification but instead they did not follow the process they were supposed to follow
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
In California, a termination of parental rights is a very serious legal matter and is typically difficult to reverse once it has been granted. However, it is possible in some cases to challenge and possibly overturn a termination of parental rights if you can demonstrate that it was made under... Read more »
And at the court date the court was on video and the screen on my side was black so all there was were audio and I don't know who I was talking to at all just they say it was a judge on the audio but on the court paper i received it say a court commissioner
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
In California, court commissioners are authorized to hear certain types of cases, including some types of family law cases, under certain conditions. However, they do not have the authority to terminate parental rights in any case, except with the express written consent of all parties involved.... Read more »
Dcfs case in la county. Baby was born clean. No drugs in her system. I was not. I have asked to appeal since day 1. Have given evidence that would help my case. At times my court appointed attorney blocked me completely. Until I called her supervisor. Now they are claiming she is not my... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2023
It is not ethical or legal for an attorney to lie to a client in any case, including a DCFS case. However, it is important to clarify the roles and responsibilities of a court-appointed attorney.
In a DCFS case, the court will appoint an attorney to represent the parent or legal guardian... Read more »
My Child was removed in March 2022 with a fake warrant, I have always thought the warrant was bogus and I have grieved this issue with my proof to no avail. All of my pleas for relief have fallen on deaf ears. No one is listening to me I am completely ignored. DCFS unilaterally cut me off from... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
I'm sorry to hear about your situation. If you believe that your child was removed with a fake warrant and that there has been fraud committed by DCFS, it is important to seek legal assistance as soon as possible.
You may want to consider speaking with a family law attorney who has... Read more »
I received a citation to terminate my parental rights and a hearing was set for feb 1st and now rescheduled. How can I respond to this request in another person adopting my children. I do not want this to happen
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
If you have received a citation to terminate your parental rights, it is important that you seek legal counsel immediately to determine the best course of action for your specific situation. It is possible that you may be able to contest the termination of your parental rights or negotiate a... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2023
The laws regarding compensation for egg donation vary by country and jurisdiction. In the United States, compensation for egg donation is legal and common practice, but specific regulations may vary by state. In some countries, such as the United Kingdom, donors can receive compensation for their... Read more »
My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
To have your husband legally adopt your son from a previous relationship, you will need to follow a legal process that may vary depending on the laws of your state. In general, the process will involve:
Termination of the biological father's parental rights: The biological... Read more »
My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?
answered on Feb 7, 2023
An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone not related to the child by blood.
If the child is 12 years old or older, the child will also have to agree to the adoption. In a... Read more »
answered on May 31, 2023
Depends on what the hearing was for and what was the outcome of that hearing. Also depends on what the basis is for your claim that you were not notified of the hearing date or of the contents of the motion that was filed that resulted in that hearing.
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.
