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Adoption Questions & Answers
2 Answers | Asked in Adoption for Louisiana on
Q: My son just turned 18 but has 1 more year of high school. His biological father has not paid child support in years.

Child support enforcement says they can't find him to serve him and have not been able to make him pay the over $40k and there has been a warrant out for his arrest but because of his political connections, nothing is being done. My son wants to be adopted by my fiance who is also adopting my... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 6, 2021

Yes, he can.

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1 Answer | Asked in Adoption, Civil Rights, Elder Law and Criminal Law for Georgia on
Q: Can you sue the poor? How do you prove emotional trauma?

I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... Read more »

1 Answer | Asked in Adoption, Civil Rights and Gov & Administrative Law for Hawaii on
Q: For married co-plaintiffs, can he proceed pro se to represent himself while she hires an attorney to represent herself?

We are both suing the Hawaii Department of Human Services and some of its employees in federal court. He wants to give opening and closing statements and cross examinations but she wants an attorney to do it. We also both have differing litigation strategies. Can we have the best of both worlds and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

I suggest you delete your case reference.

The individuals should both use an attorney, but if for some reason that is not possible, Federal Courts allow pro se appearances. You may, if applicable, want to fill out the forms to proceed in forma pauperis, which waives most fees.

1 Answer | Asked in Adoption for Oklahoma on
Q: How do I get a certified copy of adoption certificate in Oklahoma?
Charles Watts
Charles Watts answered on Aug 4, 2021

By default, adoption records are not public. There is no official adoption certificate, once the adoption is final, the adoptive parents file for a new birth certificate. If you are the adoptive parents then you will have a copy of the filed paperwork or your attorney should be able to provide... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: So what forms do I need to terminate my ex's parental rights over our two children? My ex is for this!

My ex is in prison he has been there for a few years and will remain there for many more years the children will be in their late teens/adults when he gets out. He was never really involved in their life beforehand and is all for terminating his rights and allowing my husband to adopt children! My... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney to determine if a Step-Parent Adoption can be done in your case. If you and the biological Father are in agreement with your husband adopting the children, there should not be any major issues with the adoption process.

DISCLAIMER: The answer provided...
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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »

2 Answers | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... Read more »

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2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

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1 Answer | Asked in Adoption for Kentucky on
Q: My friend passed away and her husband wants to sign custody of one of their children over to me

He is the father on the birth certificate and this is in Kentucky but I’m in New York

Timothy Denison
Timothy Denison answered on Jul 28, 2021

You’ll need to enter an agreed order if there is an open case already or file a custody action if there is not an existing case.

2 Answers | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My goddaughter which is 24 years old wants us to be her parents on her birth certificate and change her name to ours.

She has been our child for years already be provide for her but she was adopted from the state when she was 4 years old and now she doesn’t want them as her parents on her birth certificate. Can we just put a petition in to have everything change on her birth certificate or do we have to go... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

If you want her to inherit from you as being your own child, an adoption is the way to go. If you do not want to adopt, then you would need to meet with a probate attorney and make sure that all your advance directive documents, Wills, conveyance documents, etc. (whatever is needed to accomplish... Read more »

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: 17 year old living with mentally and emotionally manipulative toxic family ( who are not my parents) wanting to move out

And live with a different family member I turn 18 in two months but I can’t take it here any longer and just thinking about running away

Michael D. Birchmore
Michael D. Birchmore answered on Jul 20, 2021

DUPLICATE QUESTION.

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: My sons bio father said he wants to sign his rights over to me.and my boyfriend wants to adopt him n take his laat name.

We plan on getting married soon but....if he adopts him before does that cancel out my rights?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 19, 2021

He can't adopt him before you are married.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: What are the penalties for allowing adopted child who is out of control go stay with biological mother in another state.

Family related adoption but biological mother parental rights were terminated.

Brent T. Geers
Brent T. Geers 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... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: What legal rights does a father, who is not named on the birth certificate, have?

I am the maternal grandmother of two boys. I gained custody in 12/2016 due to drug problems. Father has been in and out of jail for several years. Mother recently completed rehab and has legal issues due to drugs. I have not let the father have contact due to all the issues he has had in the... Read more »

Denania Galloway
Denania Galloway answered on Jul 15, 2021

Usually it takes a home study if non-relative adoption. In this case, you may be able to ask the court for an adoption and waive the home study. If both biological parents do not agree to the adoption, then you will have to do a termination of parental rights along with the adoption. There are... Read more »

1 Answer | Asked in Immigration Law and Adoption for Minnesota on
Q: How soon after getting adopted a foreign child becomes eligible for immigration benefits?

When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting... Read more »

Agnes Jury
Agnes Jury answered on Jul 15, 2021

A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:

The child is adopted in the United States or abroad;

The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted...
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1 Answer | Asked in Adoption and Child Custody for Louisiana on
Q: If a mom dies but has put on paper giving custody to the grandmother, father is incarcerated, but also given temporary2

A person locally since mom died suddenly and gm is n another state, and a time limit was also given2 the temp guardian, when that time expires wut does gm do to get custody.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 8, 2021

Grandmother hires a custody lawyer.

2 Answers | Asked in Native American Law, Family Law and Adoption for Utah on
Q: My son wants his stepfather to adopt him, but my son and I are Native American. Can we still file for ourselves in Utah?

My son and I are both members of a federally recognized tribe. We do not live on the reservation. I assume ICWA will apply, but as neither biological father or step father are Native American, I am sure my tribe would consent. Bio father has not contacted my son or paid child support in over 5... Read more »

Jason F. Barnes
Jason F. Barnes answered on Jul 8, 2021

Hello. ICWA is applicable and very complicated when it comes to adoption cases, and the forms on the court's website are for basic adoptions. Honestly, I am surprised that the court's website has adoption forms at all, as there are many varieties of adoption cases and overall they are... Read more »

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1 Answer | Asked in Adoption and Family Law for Idaho on
Q: Can my husband adopt my daughter without biological fathers consent

My daughters biological father has never been in her life, when I was pregnant my now husband was my boyfriend so he’s been with me since before she was born. Her birth certificate has no fathers name on it. Her biological father hasn’t even talked to me or asked about her since I was a month... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2021

The answer to your question is NO. Your bf/now husband and you however, are in the position now of replacing the birth father BY ADOPTION with your new husband. But you are going to need to file two petitions:

1. Petition for Termination. This petition says, the bio father has not acted...
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2 Answers | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: My husband had a child with someone else but the child was taken by CPS because she failed a drug test after childbirth.

CPS ended up giving him custody and she signed her parental rights over to him. A year later he asked me to watch him while he went to rehab. He ended up leaving it early but he let me continue to watch him. Almost a year after he came back the birth mom was incarcerated and he committed suicide... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 1, 2021

If her parental rights were terminated, then she cannot come back and reclaim custody. The best thing you can do is to hire an attorney and petition the court for custody yourself. You do not say whether or not there are other family members available for the child. This, of course, may complicate... Read more »

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