Your current state is Ohio
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More 
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answered on Nov 4, 2023
If a judge in New York has made orders under what you believe to be emergency jurisdiction and the home state of the child is Florida, you may have grounds to challenge the New York court's jurisdiction. In matters of custody, generally the home state of the child has jurisdiction.... View More
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More
answered on Oct 25, 2023
While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... 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
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answered on Oct 17, 2023
To set aside an adoption judgment in Mississippi, you must file a motion with the court that issued the judgment. The motion must state the grounds for setting aside the judgment, such as fraud, duress, or undue influence. The court will then hold a hearing to decide whether or not to grant the... View More
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answered on Oct 16, 2023
Under California law, both biological parents and de facto parents can have standing to seek custody and visitation rights. A biological father retains his rights unless they have been legally terminated. On the other hand, a de facto parent, someone who has assumed the role of a parent, can also... View More
I have already adopted my granddaughter from the same parents but had help through DCYF for that, now I'm in my own and I'm flying blind... any help would be great
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answered on Oct 15, 2023
In many jurisdictions, prolonged absence or lack of contact by parents can be grounds for termination of parental rights (TPR). However, each state has its specific criteria and timelines for what constitutes abandonment or neglect. Since you've already adopted your granddaughter, it may set a... View More
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answered on Oct 14, 2023
In California, one does not need to be married to adopt a child. Both single individuals and unmarried couples can pursue adoption. The primary concern for adoption agencies and courts is the best interest of the child. They will evaluate potential adoptive parents based on various factors,... View More
The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children... View More
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answered on Oct 12, 2023
In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If... 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.
Allegations were made that I have been involuntarily committed to a psychiatric hospital because I have suicidal ideation and a history of emotional and mental problems according to the prosecutor . Fact I've never been in any mental hospital ever!! And have never been to a psychiatric Dr for... View More
answered on Sep 30, 2023
A judge can be only judge the credibility of witnesses and weigh whatever evidence is presented. Obviously one factor they consider is whether a witness has a logical motive to be untruthful, for example if there is some consequence to that person.
Your attorney’s job, or your job if... View More
Allegations were made that I have been involuntarily committed to a psychiatric hospital because I have suicidal ideation and a history of emotional and mental problems according to the prosecutor . Fact I've never been in any mental hospital ever!! And have never been to a psychiatric Dr for... View More
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answered on Oct 10, 2023
Facing allegations in court, especially ones that impact your parental rights, is a grave concern. In California, when you believe a judge has acted improperly or if you feel your rights have been violated, you have several potential courses of action. First, consider obtaining legal... View More
I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .
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answered on Oct 12, 2023
I'm sorry to hear about your situation. Under the Indian Child Welfare Act (ICWA), there are specific guidelines for the placement of Native American children in foster or adoptive homes, prioritizing their placement within Native American communities. If these guidelines were not followed,... View More
I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .
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answered on Sep 29, 2023
The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More
i need to get my grandmothers (still alive) original birth record however the task seems daunting and confusing.
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answered on Sep 28, 2023
Yes, you can hire an attorney to assist you in the process of unsealing a birth record in California, especially if it involves complex legal procedures or if you find it confusing. An attorney can guide you through the necessary steps, including researching applicable laws, filing the appropriate... View More
Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?
answered on Sep 23, 2023
Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details... View More
My son was adopted by his mother’s second husband changing his name and birth certificate.
My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More
answered on Sep 18, 2023
Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More
We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after... View More
answered on Sep 16, 2023
Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise... View More
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answered on Sep 15, 2023
In Tennessee, whether a birth mother can place a child up for adoption without the father's consent depends on various factors. If the father's name is on the birth certificate and he has acknowledged paternity, his consent is typically required for the adoption. However, exceptions... View More
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answered on Sep 13, 2023
In Texas, once a child has been adopted, the original birth certificate is typically sealed, and a new birth certificate is issued with the adoptive parents' names. This new birth certificate reflects the adoptive parents as the legal parents of the child.
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answered on Sep 12, 2023
First, you'll need to establish legal standing, demonstrating your significant and beneficial relationship with your brother. Then, you'll file a custody petition in Oregon, his primary place of residence, and notify all relevant parties, including his parents or legal guardians. Collect... View More
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