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California Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: I am reaching out regarding urgent legal assistance regarding a matter concerning the welfare of my children.

I hope this message finds you well. I am reaching out to seek urgent legal assistance regarding a matter concerning the welfare of my children.

To provide context, it has recently come to my attention that my children, who were supposed to be in the care of foster parents with the intention... View More

James L. Arrasmith
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answered on May 7, 2024

I'm so sorry to hear about the deeply concerning situation with your children and the tragic loss of their father. This must be an incredibly distressing and overwhelming time for you.

Based on the details you've shared, it sounds like there may have been serious mishandling of...
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1 Answer | Asked in Family Law and Adoption for California on
Q: In CA can I relinquish my rights to a close family friend of 20 years? Can the judge deny the request under code 8700?

I have a CPS case & I have timed out. I want to relinquish my rights to a friend for adoption she is a school principal & an amazing woman. My daughter isn’t safe in her placement and that’s where CPS wants her to be. I believe it’s family code 8700(I). Can the judge or CPS overturn my request?

James L. Arrasmith
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answered on May 3, 2024

In California, a parent can voluntarily relinquish their parental rights to a child, which is typically done through an adoption process. Family Code Section 8700 does allow for the relinquishment of parental rights to a specific person, known as a "designated relinquishment."... View More

1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: can i get custody of my brothers if i only have witnesses and online proof and medical records of parents abuse
James L. Arrasmith
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answered on Apr 20, 2024

Under California law, obtaining custody of your siblings based on evidence of parental abuse involves a legal process where the court prioritizes the safety and welfare of the children. Witnesses, online proof, and medical records documenting abuse can be substantial evidence in your case.... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: If a child was adopted, but is now in foster care, can the biological families do anything to help the child?

The adoptive parents are separated and the husband has a restraining order against his wife, the wife is in a mental hospital. The biological families had been allowed contact and visits with the child because the adoptive parents allowed it, but CPS did not contact any of the childs biological... View More

James L. Arrasmith
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answered on Mar 20, 2024

In California, when a child is placed in foster care, biological families may have options to intervene, especially if they have maintained a relationship with the child. The first step is to contact the local Child Protective Services (CPS) office handling the case. Express your interest in the... View More

1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:

1. Report the abuse: Contact the local police department or sheriff's office to report the abuse....
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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: Could you please clarify the roles of the various attorneys in this child dependency case?

I want to understand how they collaborate and ensure everything is handled appropriately

James L. Arrasmith
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answered on Feb 22, 2024

In a child dependency case in California, several attorneys play critical roles, each representing different parties involved in the case. The child or children in question are represented by a child's attorney, appointed to advocate for their best interests and legal rights throughout the... View More

2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

William John Light
William John Light
answered on Feb 3, 2024

You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More

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2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

James L. Arrasmith
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answered on Feb 3, 2024

In California, if you have lost touch with an attorney who was handling a significant case for you, there are several steps you can take to reconnect or to find out the status of your case. Given the serious nature of your situation, understanding your options is crucial.

First, you could...
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1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: I’m seeking legal guidance regarding my sons’ non-relative care placements. False information about my background check

Additionally, my kids were placed out of county without a court order, neglecting the involvement of Native American tribes as required. Misinformation has also been provided, such as implying a restraining order against my kids’ father could influence their return. How can I address these legal... View More

James L. Arrasmith
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answered on Jan 26, 2024

Addressing these concerns starts with ensuring that all legal requirements, especially those pertaining to child welfare and Native American tribes, are being followed. If your children have Native American heritage, the Indian Child Welfare Act (ICWA) requires specific procedures to be followed in... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: I live in Ca my ex girlfriend and I have a child she basically abandoned him got pregnant again then got a cps case

The baby ended up being mine I went to court and did dna test now cps is asking questions about my child who doesn't have a case with them and came to a home visit to check if I could get the newborn but were more focus on my other child ask me to remove his diaper to check him said it was... View More

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answered on Jan 14, 2024

Under California law, Child Protective Services (CPS) is authorized to investigate situations where a child's welfare might be at risk. This includes situations where there is a concern about abuse or neglect. If you have a child living in your household and another child is under... View More

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for California on
Q: What can a person do if government takes there CHild under suspicious circumstances?

6 months and no Discovery

James L. Arrasmith
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answered on Jan 11, 2024

Under California law, if your child has been taken by the government under questionable circumstances, it's important to take immediate action. First, request a copy of the court order or the paperwork that led to the removal of your child. This documentation will outline the reasons for the... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights.

I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only... View More

James L. Arrasmith
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answered on Dec 25, 2023

Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
T. Augustus Claus
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answered on Dec 20, 2023

If you were in the process of obtaining your Native American paperwork and your child was adopted out without your knowledge, you may want to express to Child Protective Services (CPS) that you were actively working on the necessary documentation for recognition of your Native American heritage.... View More

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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
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answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

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1 Answer | Asked in Family Law, Juvenile Law and Adoption for California on
Q: If my brother adopted my children in juvenile dependency court, is there any way to get visits through family law?
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answered on Dec 15, 2023

In California, if your brother has adopted your children through juvenile dependency court, the situation regarding visitation rights can be complex.

After an adoption is finalized, the legal relationship between the biological parents and the children is typically severed, and the adoptive...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Adoption for California on
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help

What is the best thing to do

James L. Arrasmith
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answered on Dec 10, 2023

Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals... View More

1 Answer | Asked in Probate, Family Law and Adoption for California on
Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.

Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption... View More

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answered on Nov 26, 2023

Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological... View More

1 Answer | Asked in Adoption, Child Custody, Civil Rights and Family Law for California on
Q: Can cos just put child up for adoption without seeking family knowing grandparent and more family wanted baby

My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every... View More

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answered on Nov 21, 2023

In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Adult adoption in California: replacing only one parent, what needs to be done?

I am an adult. My birth parents have been divorced for many years. The intention is that I would be adopted by my aunt, who lives in California. As I understand it, the adoption would then "sever" the parent-child connection between myself and my birth parents. However, I do not wish... View More

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answered on Nov 11, 2023

In California, adult adoption typically involves the complete replacement of both birth parents, legally severing the relationship with them and establishing a new one with the adoptive parent(s). However, in your case, where you wish to maintain the legal relationship with your birth father while... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Can a biological father fight a de facto parent for custody because they have his half brother?
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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

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