Depends in part on what you mean by paternal father's rights being "stripped"; were his rights terminated or was mother awarded sole custody? There is a difference. Either way, it will be hard to be named legal father without marrying the mother and doing a step-parent adoption.
I want my husband who has now known my son for almost 10 years to adopt him so he has parental rights and we all have the same last name. I live in Michigan and because bio dad pays child support I guess he has rights to my son. I don't even receive my child support every month. My son will be... Read more »
I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power...Read more »
Are you looking to adopt a different child? If your parental rights have been terminated, you face a significant uphill battle. First, you have no say in who can adopt your child or children; nor can a court direct it. Second, if your rights have been terminated, you almost certainly are on Central...Read more »
There might be a time period requirement. But even if there's not, or you meet that requirement before reapply, understand that a great deal of discretion is in the hands of local DHS officials and the agencies themselves. At the least, your application will receive heightened scrutiny, and...Read more »
The child doesn’t know that the father isn’t his biological father — the step father tried 2 adopt him years ago but the biological father opposed it (the only thing he’s ever done “for” the child). Now the biological father is deceased. The step father has been the in loco parentis... Read more »
I believe with the child being 14 years old, the child would have to consent to the adoption, so there would not be a way to do so without his or her knowledge. But I think the stepfather very well could file for adoption at this point.
My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable... Read more »
Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your...Read more »
My boyfriend has had his daughter full time since she was born, he and his ex lived in an apartment in Nevada at the start and tried living life the "normal" way. Soon after (about 4 months after birth) the bio-mom started partying and not being responsible. She has a lengthy history of... Read more »
One question that needs to be addressed is why does your boyfriend's parents have guardianship. That aside, ex-girlfriend could not just show up and take the child. She could, of course, reenter the picture. But given the amount of time that's passed, and the other issues going on with...Read more »
I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is...Read more »
The Biological father moved out of state. If he comes back would he be ordered to support from the child's birth? State assistance was used for my son's prenatal and birth care. I am looking at getting married and doing a step parent adoption. I believe I would have to given him legal... Read more »
The conservatorship continues until either the judge terminates it after you file a motion requesting it be terminated or the child turns 18. Most counties are going to continue the conservatorship and require the annual accountings.
She has a pending parole violation and possession charges. She has lost all rights to her previous child, and has a history of child abuse with her. She has only supervised visitation with this child. We have court approved custody at this point.
I would say that you have a very good chance of adopting. It sounds like there is a pending abuse/neglect case, which could lead to termination of parental rights. The goal in those proceedings is reunification whenever possible (absent some extreme circumstances where immediate termination is...Read more »
I dated a young lady for 7 plus years on and off we have not lived together for the last 2 years but her son still stays with me. She has not lived together for the last 2 years but her son still stays with me.
What rights do I have to get custody of the Son. I have enrolled him at school.... Read more »
Your rights concerning the child are limited to what the mother willingly allows you to do. At any time, she can call her son home and not let you see him again. Or, the father could come in the picture and start a custody issue, of which you would have no dog in the fight.
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.