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1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody, Civil Rights and Family Law for California on
Q: My brother won his appeal, reversing the termination of his parental rights, due to ICWA not being followed. Whats next?

His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter... View More

James L. Arrasmith
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answered on Jun 17, 2023

If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department.... View More

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: The father of my child left us in the hospital. He never reached out and never signed a birth certificate. She’s 4 now,

My fiancé wants to adopt. How long do we have to be married for? Can he adopt before marriage?

Don Oliver Keene
Don Oliver Keene
answered on Jun 14, 2023

It would probably be best to get married first and then adopt. Even though the biological father is not on the birth certificate he is still legally the father and has rights, so when you and your future husband do get married and he (your future husband) goes to adopt your child, you and your... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?

My daughter is almost 5.

Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old.

We had mediation at that time and we agreed to start out with a couple hours a few... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable... View More

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: If my father is my “biological” father as my parents claim why did he have to legally adopt me at 5 years old?

He wasn’t on the birth certificate when I was born, they didn’t get married until I was over a year old. Wouldn’t he just needed to do a dna test to prove paternity to get legal rights? They also changed my last name to his when they did the adoption. I feel like if he is my biological father... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

First, even if he had done a DNA test and was determined to be your father, the test result (by itself) would not be enough for your birth certificate to be changed. Your parents would still have needed to file an action to have him added to the birth certificate.

It is very possible the...
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1 Answer | Asked in Family Law and Adoption for California on
Q: I adopted my son in 2004 and everything was approved and signed by the judge and then we never got a birth certificate.

Now he is 23 and trying to get a passport and we have ourselves in a pickle and not sure who to talk to. I went to the county building in Hemet CA which is where the adoption took place. What are our choices for resolution at this point. My son said they are telling him it has been too long but we... View More

James L. Arrasmith
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answered on Jun 2, 2023

Since every case can be unique, it's advisable to consult with an attorney or a legal professional who specializes in adoption law for accurate advice.

Here are a few steps you can consider taking to address the issue with your son's missing birth certificate:

Contact the...
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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... View More

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.

Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court.

James G. Ahlberg
James G. Ahlberg
answered on May 22, 2023

You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
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answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for California on
Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?

Also, if you would be able to cite a specific law or court case. The state is California.

James L. Arrasmith
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answered on May 22, 2023

In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... View More

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: What all do I need to file to contest an adoption in Colorado?
Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

As you have stated it, it is impossible to answer this question.

That will depend on whether the adoption has been completed or not first. If it has, then it depends on how long ago it was completed to determine whether you even still can appeal it.

If it has not been completed,...
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1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?

My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to... View More

Shane Michael Oncale
Shane Michael Oncale
answered on May 18, 2023

The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Before a child is adopted by a guardian does a guardian have to inform the child's family members of the adoption

My son died the mother of the grandchild is in prison the court appointed a guardian now the guardian wants the adopt my granddaughter before the adoption goes through does the guardian have to inform the minor child's family members of the adoption

James L. Arrasmith
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answered on May 16, 2023

Here are some points to consider:

Adoption and Family Notification: The laws regarding notification of family members before an adoption varies by jurisdiction. In many cases, there may be legal requirements to notify certain family members or seek their consent before a child can be...
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1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Kansas on
Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?

i turn 17 in november, and am adopted.

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address... View More

2 Answers | Asked in Adoption and Family Law for California on
Q: Adult adoption - If my father is still living, but my mother is dead, can another woman adopt me as my new mother?

Not looking to separate from my father legally, but wondering if another woman can adopt me as my new mother if my mother is no longer living. She is NOT married to my father but is the closest relationship I have for a mother.

James L. Arrasmith
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answered on May 15, 2023

Adult adoption is a legal process that is recognized in California, and it is possible for a person to be adopted as an adult under certain circumstances. The purpose of adult adoption can be to formalize an existing parent-child relationship, or for inheritance purposes, among other reasons.... View More

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2 Answers | Asked in Family Law, Immigration Law, Adoption and International Law on
Q: Is my child really required to get a birth certificate from a country he wasn't born in?

I am a Nigerian-American currently living in Nigeria with my Filipino wife and stepson. I am in the process of adopting my stepson through a local adoption in Nigeria. I recently learned that after adoption, a new birth certificate should be issued. Does this mean that my Philippines-born stepson... View More

James L. Arrasmith
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answered on May 16, 2023

In cases of adoption, it is common for a new birth certificate to be issued reflecting the child's new legal status. However, the specific requirements and implications can vary depending on the laws and regulations of the countries involved.

In the situation you described, where the...
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1 Answer | Asked in Adoption and Family Law for California on
Q: How to terminate parental rights of presumed father?
James L. Arrasmith
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answered on May 5, 2023

The process to terminate the parental rights of a presumed father can vary depending on the state in which you reside. Generally, the following steps may be involved:

File a petition: You will need to file a petition with the court to terminate the father's parental rights. The...
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3 Answers | Asked in Immigration Law and Adoption for Illinois on
Q: Need help with for I 135 petition for my daughter?

I am a resident since 2007 and want to help my family (daughter ) from CHILE.

James L. Arrasmith
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answered on May 16, 2023

To petition for your daughter through Form I-130, you can follow these general steps:

Determine eligibility: As a lawful permanent resident (green card holder), you can file an I-130 petition for your unmarried child over the age of 21. Make sure your daughter meets the eligibility...
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1 Answer | Asked in Family Law and Adoption for Georgia on
Q: I want to adopt my nephew in TN, I live in GA for his best interest he is 4. How do I go about doing this?

My nephew's mom is my younger sister has been in trouble with the law, currently on an ankle monitor and has accepted a PPP loan for a business that she never had. She is not making the best decisions for herself nor my nephew and I want to adopt him until her circumstances improve.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 26, 2023

You should schedule a consultation and speak directly with an attorney to discuss this case. Because the advice given and the steps on how to move forward will depend on whether the mother consents to this change or not. This sounds like guardianship and not adoption. But even in a guardianship... View More

1 Answer | Asked in Adoption, Child Custody, Family Law and Civil Rights for California on
Q: If a "petition" WASNT FILED and detention warrant "signed" by inactive judge is it still valid to take my child?

Social worker used a "petition" that was NOT FILED prior to removal of my child, and a "detention warrant" that was also not filed but was allegedly "signed" by a judge who I found out IS NOT A SEATED JUDGE AND HAS A STATUS OF INACTIVE FOR AN ENTIRE YEAR prior, and... View More

James L. Arrasmith
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answered on Apr 22, 2023

I'm sorry to hear about the difficult situation you are facing with the removal of your child and the use of potentially fraudulent documents by the social worker and local law enforcement. It is important to understand the legal implications of the situation.

If the petition was not...
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1 Answer | Asked in Adoption and Family Law for South Dakota on
Q: Which form do I need to fill out to petition for adoption for an adult adoption?
Heath Baker
Heath Baker
answered on Apr 20, 2023

Check your county's court website and see if they have any local forms that are required or acceptable. In Riverside County, the court has a local form that provides for all of the needed information. (You could always go to their website and pull the local form for your pleading paper... View More

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