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California Adoption Questions & Answers
2 Answers | Asked in Adoption and Family Law for California on
Q: How do I undo an adoption?

I have had the child 5 years, adopted 2 years now. Child not bonding with me or family. Behavior and mental not so good. Been in mental health services from day 1. Refuse to take meds.

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 5, 2024

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

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1 Answer | Asked in Adoption and Family Law for California on
Q: Can an adoption be transferred to another state post adoption? If not, how do I ensure services are provided?

My 2 children were adopted out of the foster care system in Nevada although we live and have always lived in California. Now my child has several needs that should be provided for from Nevada but since we're not there they offer no other support other than a support allowance and medicaid... View More

James L. Arrasmith
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answered on Jul 24, 2024

Adoption agreements typically cannot be transferred to another state post-adoption. However, there are ways to ensure your child receives the necessary services. First, you can contact the Nevada agency that handled the adoption to clarify the support they provide and any potential resources... 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 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

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 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 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, 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 Family Law and Adoption for California on
Q: If a child was adopted, but is now in foster care, can the biological families do anything to help the child?

The adoptive parents are separated and the husband has a restraining order against his wife, the wife is in a mental hospital. The biological families had been allowed contact and visits with the child because the adoptive parents allowed it, but CPS did not contact any of the childs biological... View More

James L. Arrasmith
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answered on Mar 20, 2024

In California, when a child is placed in foster care, biological families may have options to intervene, especially if they have maintained a relationship with the child. The first step is to contact the local Child Protective Services (CPS) office handling the case. Express your interest in the... View More

1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:

1. Report the abuse: Contact the local police department or sheriff's office to report the abuse....
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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: Could you please clarify the roles of the various attorneys in this child dependency case?

I want to understand how they collaborate and ensure everything is handled appropriately

James L. Arrasmith
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answered on Feb 22, 2024

In a child dependency case in California, several attorneys play critical roles, each representing different parties involved in the case. The child or children in question are represented by a child's attorney, appointed to advocate for their best interests and legal rights throughout the... View More

2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

William John Light
William John Light
answered on Feb 3, 2024

You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More

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2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

James L. Arrasmith
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answered on Feb 3, 2024

In California, if you have lost touch with an attorney who was handling a significant case for you, there are several steps you can take to reconnect or to find out the status of your case. Given the serious nature of your situation, understanding your options is crucial.

First, you could...
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1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: I’m seeking legal guidance regarding my sons’ non-relative care placements. False information about my background check

Additionally, my kids were placed out of county without a court order, neglecting the involvement of Native American tribes as required. Misinformation has also been provided, such as implying a restraining order against my kids’ father could influence their return. How can I address these legal... View More

James L. Arrasmith
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answered on Jan 26, 2024

Addressing these concerns starts with ensuring that all legal requirements, especially those pertaining to child welfare and Native American tribes, are being followed. If your children have Native American heritage, the Indian Child Welfare Act (ICWA) requires specific procedures to be followed in... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: I live in Ca my ex girlfriend and I have a child she basically abandoned him got pregnant again then got a cps case

The baby ended up being mine I went to court and did dna test now cps is asking questions about my child who doesn't have a case with them and came to a home visit to check if I could get the newborn but were more focus on my other child ask me to remove his diaper to check him said it was... View More

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, Child Protective Services (CPS) is authorized to investigate situations where a child's welfare might be at risk. This includes situations where there is a concern about abuse or neglect. If you have a child living in your household and another child is under... View More

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for California on
Q: What can a person do if government takes there CHild under suspicious circumstances?

6 months and no Discovery

James L. Arrasmith
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answered on Jan 11, 2024

Under California law, if your child has been taken by the government under questionable circumstances, it's important to take immediate action. First, request a copy of the court order or the paperwork that led to the removal of your child. This documentation will outline the reasons for the... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights.

I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only... View More

James L. Arrasmith
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answered on Dec 25, 2023

Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
James L. Arrasmith
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answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
T. Augustus Claus
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answered on Dec 20, 2023

If you were in the process of obtaining your Native American paperwork and your child was adopted out without your knowledge, you may want to express to Child Protective Services (CPS) that you were actively working on the necessary documentation for recognition of your Native American heritage.... View More

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1 Answer | Asked in Family Law, Juvenile Law and Adoption for California on
Q: If my brother adopted my children in juvenile dependency court, is there any way to get visits through family law?
James L. Arrasmith
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answered on Dec 15, 2023

In California, if your brother has adopted your children through juvenile dependency court, the situation regarding visitation rights can be complex.

After an adoption is finalized, the legal relationship between the biological parents and the children is typically severed, and the adoptive...
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