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California Adoption Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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 Family Law and Adoption for California on
Q: I was adopted out of the foster care system when I was 12. In ca. When I turned 18 they kicked me out what can I do

I was adopted out of the foster care system when I was 12. In ca. I got pregnant at 17. And right before I had my son as soon as I turned 18 they kicked me out. I don't have have a job. I have no life skills. And they don't care. I don't want to end up like my biolocical mother. what can I do

James L. Arrasmith
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answered on Nov 25, 2024

You're in a difficult situation, but there are resources and support available right now to help you and your son.

For immediate assistance, contact California's Extended Foster Care (AB12) program at 1-877-846-1602 - even though you were adopted, you may still qualify for...
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1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: If a notice and citation to parent legal if the details are incorrect?

Notice and citation to parent for appearance at hearing Welfare& Institution code §366.26 and §366.23 Superior Court of California county of Fresno juvenile court if the details in the notice is incorrectly such as the date of birth of the minor and the minors name isn't correct and the... View More

James L. Arrasmith
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answered on Oct 23, 2024

If you've received a notice and citation with incorrect details such as the minor's name, date of birth, or a parent's name, it's important to address these errors promptly. Inaccurate information can potentially affect the legality of the notice and the proceedings that follow.... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: How can I get the court to take fathers rights?

We have a DV case has monitored visitations his mother is the one monitoring. He is trying to modify the visitations but has only seen him 8 times since June 28, 2023. Has not financially supported my son in almost 5 years, isn’t complying with the child support order since back in November 2023.... View More

James L. Arrasmith
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answered on Sep 25, 2024

When you go to court, it's important to present clear evidence about how the father's actions have negatively impacted your child. Since he has not consistently participated in visitations and has failed to comply with child support orders, highlight these issues. Emphasize the emotional... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: If my attorney has failed to represent me in my child custody case and he isn't standing up for me in court what do I do
James L. Arrasmith
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answered on Sep 15, 2024

If you feel your attorney is not effectively representing you in your child custody case, it's important to take immediate action. Start by having a candid conversation with your attorney about your concerns. Explain how you feel they aren’t standing up for you in court and ask for a clear... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: How does biological mother start to get custody of child after adoptive parent has died?

Adoptive parent has died . biological parent wishes to get custody after parental rights were terminated 3 years ago

James L. Arrasmith
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answered on Sep 2, 2024

If you're the biological mother and wish to regain custody after the adoptive parent has passed away, you'll need to take legal action. First, you must file a petition with the court to request a change in custody. This process will involve proving that regaining custody is in the best... View More

1 Answer | Asked in Adoption and Domestic Violence for California on
Q: If I have a restraining order for me and my children and get a charged can the CPS judge order the abuser visitation
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answered on Aug 27, 2024

If you have a restraining order protecting you and your children, the court is aware of the concerns about safety. However, even with a restraining order, a judge can still order visitation for the other parent under certain conditions. The court’s main focus is the best interests of the child,... View More

2 Answers | Asked in Adoption and Animal / Dog Law for California on
Q: Is it legal if a former foster parent of our now owned dog to keep asking us to send pictures of our dog?

i just need this anwsered please.

Robert Kane
Robert Kane
answered on Aug 21, 2024

Yes, it is legal if a former foster parent of our now owned dog to keep asking us to send pictures of our dog.

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1 Answer | Asked in Family Law and Adoption for California on
Q: can a California adoptive mom sleep in the same bed every night with 7 year old adopted son

she moved her stuff into boys room and sleeps with him every night and keeps the door locked all day every day so he has no access to his stuff

James L. Arrasmith
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answered on Aug 17, 2024

Under California law, the safety and well-being of a child are of paramount importance. While there is no specific law prohibiting a parent from sharing a bed with their child, this situation raises significant concerns about the child's emotional and psychological welfare. The act of locking... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Q: In CA, if the other parent hasn't paid child support in over a year can you terminate rights without adoption?

Custodial parent has sole custody and other parent has not paid court ordered child support or had contact in over 1 year, there's no established relationship between other parent and child and other parent has been absent most of child's life. I was previously told that custodial parent... View More

James L. Arrasmith
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answered on Jul 31, 2024

In California, terminating a parent's rights is a serious legal matter, and it typically requires another person to adopt the child. The main reason for this is that the court aims to ensure that the child has two legal parents who are responsible for their welfare and support. Simply... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: was it okay that i recorded me and my moms conversation ?

My mom denied som and so I said are you going to swear by it and she said yes so I told her that I had proof that she did say this thing and they got made at me for recording them not acknowledging the fact that I caught my mom red-handed in her lie, and they ignored that fact, but they blame me... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, recording conversations without the consent of all parties involved is generally prohibited unless certain exceptions apply. California is a "two-party consent" state, which means that all parties must consent to the recording of any confidential communication,... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: I must adopt my hubs 2kids I've been caring4& gain control of his legal, medical & financial areas cuz he can't now.

He has a duel diagnosis and is in a therapy home. He has BPD, cognitive distortion, major depressive disorder, major anxiety, just to start.

He became more possessive, controlling, and abusive in all ways, over the span of our relationship and marriage.

Biologically the children... View More

James L. Arrasmith
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answered on Jun 19, 2024

I'm so sorry to hear about the difficult situation you and your family are going through. It sounds like a very painful and challenging time for all of you.

To summarize the key points:

- Your husband has serious mental health issues and is currently in a therapy home...
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1 Answer | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Anything else you need from me about civil case i got the police report the police record and restore people who

Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... 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

1 Answer | Asked in Family Law, Adoption, Child Custody and Legal Malpractice for California on
Q: Does the statute of limitations exist if there is discovery about a dependency case from 9years ago do I have options

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

3 Answers | Asked in Family Law, Adoption, Civil Rights and Constitutional Law for California on
Q: What to do when the judge is corrupt and the county prosector is corrupt and they both ignore your Affidavits/evidence?

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

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 .

T. Augustus Claus
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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

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1 Answer | Asked in Family Law and Adoption for California on
Q: Can i hire a lawyer to go through the process of unsealing a birth record for me in california?

i need to get my grandmothers (still alive) original birth record however the task seems daunting and confusing.

James L. Arrasmith
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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

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