My biological parent told me not to tell her that he was my dad because she would get mad. He's now deceased we never had a relationship because of her selfishness. She had her husband adopt me and although I put my birth name on my children birth certificate application my adopted surname is... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Yes, it is possible for an adult to sue a parent in federal court for lying about their paternity, but there are some key considerations.
The legal grounds would be something along the lines of intentional infliction of emotional distress or fraud. Lying about biological paternity could... View More
Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More
answered on Oct 25, 2023
What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More
I am a father who adopted my non biological son 9 years ago, being his foster parent and being the bio-parents rights were terminated. The records are sealed. A man who has a child with a sibling of the bio-mom is wanting to have a court unseal it to dig up possible dirt on her, and all this for... View More
answered on Oct 3, 2023
Not sure legally if this is your fight. I also do not think this other man has grounds for the court to unseal the record. Obviously it's a concern enough for you to warrant a consultation with an attorney. In particular, I would ask about standing.
We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.
answered on Aug 25, 2023
You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.
I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all... View More
answered on Jun 22, 2023
Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... View More
My grandchild is 5 years old an I've been his care giver his whole life, his parents are not suitable to take care of him an I'd like to take full custody since he lives with me majority of the time.
Do they contact family or fosters… previous witnesses if a story doesn’t match?
answered on Oct 18, 2022
More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.
answered on May 9, 2022
Is there a father in the picture? If so, he will have priority over you if he is willing and able. If mom and baby are in New Jersey, than you all will need to deal with this there.
The child. An no child support. We are wanting for me to adopt him. Is it possible. She goes months without calling my boyfriend to see if the child is still alive.
Paternal father's rights were stripped long ago
answered on Mar 22, 2022
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... View More
if my rights were relinquished can my family who is adopting my son let me see him again without court consent
answered on Sep 5, 2021
Depends on a lot of factors, and if the adoption is finalized.
Family related adoption but biological mother parental rights were terminated.
answered on Jul 16, 2021
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... View More
answered on May 10, 2021
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... View More
Revocation recommendation was a result of agency retaliation against the foster parent.
answered on May 8, 2020
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... View More
answered on Feb 24, 2020
I would say you're well past any time limit. I am unsure how an adoption moved forward without your consent unless your parental rights were terminated.
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... View More
answered on Dec 7, 2019
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... View More
answered on May 27, 2019
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... View 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... View More
answered on May 25, 2019
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... View More
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.
