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California Adoption Questions & Answers
1 Answer | Asked in Adoption and Animal / Dog Law for California on
Q: My dog was adopted from a shelter when I was incarcerated. He is a registered service animal. How can I get him back?

I recently got into some unfortunate legal issues and was incarcerated for several months. My dog that I have had for the past 8 years ended up at a city shelter. Because I could not pick him up he was adopted by someone else. He is a registered service animal to me. I would like to know the... Read more »

William John Light
William John Light answered on Dec 13, 2017

I would estimate that your ownership in the animal has terminated. You should have found temporary housing for the dog during your incarceration. Since the dog ended up at a City shelter, the shelter was within its rights to accept the dog and to place it in another home. Your complaint, if any,... Read more »

1 Answer | Asked in Adoption, Domestic Violence and Family Law for California on
Q: mother of 2 one daughter is 2 in a half I have a case open for domestic violence

They are trying to adopt my 2 in half year old to her father's mom who isn't following the ruler she lets him see her and he is a danger he has to warnts one for child indangerment that warnt was for another person's child he put his hands on and another one I put on him for hitting me he is on the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2017

a much more detailed clear explanation is needed to provide an accurate discussions of what should or should not be done.

however your previous record/actions could be used against you in any proceeding to show your past challenges as a parent.

1 Answer | Asked in Adoption and Animal / Dog Law for California on
Q: My ex abandoned his pit. Ive cared for her for 3mo now. How can i formally adopt? Can i sue him?

I truly cant afford this dog. But ive done my best to give her a loving home. Can i sue him for spaying and feeding and care of her the 3 months? And obtain ownership??

William John Light
William John Light answered on Nov 20, 2017

If he has abandoned ownership, and you have claimed the dog as your own, you can't sue him for your expenses. It would be your dog and your expenses. If the dog is still his and you have paid expenses for the dog at his request, then you could sue in Small Claims. If he didn't ask you to pay, or... Read more »

1 Answer | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: How do I become a permanent guardian of a younger half-brother?

I am twenty-six years old. My half-brother is fifteen and living in foster care. I would like to become his permanent guardian. How do I go about this?

Dale S. Gribow
Dale S. Gribow answered on Nov 13, 2017

you need a family law attorney and you posted in criminal law.

are you in a position to hire a lawyer? if so i would be happy to give you some names.

if you are not able to hire a lawyer try legal aid.

in addition the indio court has people who will guide you on most issues...
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1 Answer | Asked in Adoption and Child Custody for California on
Q: My sister is pregnant she wants me to adopt her unborn child. What do I need she lives in Nevada and I live in californi

A what paperwork do I need do I need a lawyer for court if the dad doesn't consent what can my sister do .

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 21, 2017

Bio Dad not consenting may be a problem. For what steps to take, see the court's self-help link regarding adoptions http://www.courts.ca.gov/selfhelp-adoption.htm

2 Answers | Asked in Family Law and Adoption for California on
Q: I have raised my grand daughter for 8 years, her mother walked off and left her. A few weeks ago my daughter took her .

Took her and refuses to let me spend much time with her at all. She's 8 confused and wants to come home. Please help

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 21, 2017

Unfortunately, you did not seek a guardianship for the minor when she was in your care and custody. Without Letters of Guardianship the mother had the authority to take her daughter. At this point, unless there is physical abuse of your granddaughter, there is nothing you can do at this point.l... Read more »

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1 Answer | Asked in Adoption, Child Custody, Family Law and Estate Planning for California on
Q: How can I appoint someone custody of my son, in the event of my death?

My son is 3 years old, his father has not seen him since he was only a few months old. Father is in and out of jail, multiple felonies and misdemeanors for identity theft, dui, check fraud, and possession to name a few. I might add that he also has 2 other sons that he does not have... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 17, 2017

You can designate a guardian for your minor son in your will or living trust. However, that person would need to petition the court in a guardianship proceeding in order to be appointed the guardian. Your nomination of that person carries significant weight with the court.

1 Answer | Asked in Adoption and Family Law for California on
Q: My aunt who raised me has been dead for 6 years, I want her to be my adopted mom can this happen?I want father removed.

Im 36 and non of my bios have raised me or even taken care of me. My bio father wants me to pay the child support he owes on me. My bio mom was very abusive and gave me to my aunt (bio fathers sister) at the age of 9. I want both of them rem9ved. Is this possible?

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 27, 2017

A deceased person cannot adopt. You do not have standing to "remove" your bio parents as your legal parents.

1 Answer | Asked in Adoption, Animal / Dog Law and Personal Injury for California on
Q: Adopted a rescue from shelter. Dog has attacked a cat, bit the roommate and me unprovoked. Can I sue the shelter?

Have had the dog for about a month. Within the first week, the dog brutally attacked and almost killed my sisters cat out of nowhere costing over $850 in vet bills. He nearly attacked me pinned up against the wall trying to bite me when I walked near him with his rawhide. Just today he randomly... Read more »

William John Light
William John Light answered on Aug 21, 2017

It is unlikely that you can prove that the shelter had knowledge of the unfitness of the dog and misled you. If you have that proof then, yes, it's possible to sue. t's more likely that you can take the dog back, explain the situation and get a different dog.

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Q: I filled for parentage and 50/50 custody, then the mother filed for child support. What do I do? Which takes precedence
Indy G. Colbath
Indy G. Colbath answered on Aug 1, 2017

Child custody is decided first, because child support is calculated by looking at the time share percentages per each parent, each parent's incomes, tax filing status, and tax deductions.

Answering this question does not constitute legal advice; does not guarantee any outcome, nor does it...
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1 Answer | Asked in Family Law and Adoption for California on
Q: my 4 children were adopted and it was finalized in November 2016.can I get them out of adoption?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

On what basis? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: What is the penal code to me as being the biological mother of my children with my rights completely taken away
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

This is too vague a question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Estate Planning for California on
Q: How can I protect my child's guardianship in my will if I were to die ?

I am a single mothers and the father of my child is not part of our lives and he did not sign the birth certificate and we were never married.If something were to happen to me and I designate a guardian or guardians in my will, can he legally take guardianship of my daughter since I do not wish him... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

Custody and guardianship orders are made by courts, not privately devised via will. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for California on
Q: Is there a way my family can adopt my friend or take care of her till she's of age?

My 16 year old friend is suffering badly from her family's mental abuse. She has been very depressed and has taked about suicide before. I've managed to talk to her and I've always been there for her when she needed to. But lately things have been getting more complicated. I'm moving school and for... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 5, 2017

She can report abuse and neglect to CPS and the police. She can file for emancipation or seek foster parents if her parents' parental rights are terminated. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney... Read more »

1 Answer | Asked in Family Law and Adoption for California on
Q: Can step father serve adoption paper?

The step father served the court papers himself The bio father told the step father NO I want my son ... then step father said if you dont sign over then I'm sueing you for the cost of adoption 10 thound plus 5 years back child support if you don't sign over your rights to me .. that's was never... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 3, 2017

A stepparent can adopt a step-child, but not without the consent of the biological parent.

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: Im 15 and being treated bad at home by mom, can i move to live with my older brother.
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 22, 2017

You can report child abuse/ neglect to CPS and the police. You can file for emancipation, or your brother can file to become your guardian. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... Read more »

1 Answer | Asked in Adoption, Appeals / Appellate Law and Family Law for California on
Q: I lost my parental rights, then lost the appeal to get rights back, is the family court judge still able to reverse

Can the judge give my rights back?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 21, 2017

You say you lost the appeal, but when? What has changed since then? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: Do grandparents That hardly see the baby or involve have more rights over a de facto parent that's had baby since birth

We got granted defacto parent we have had the baby since she was born her grandparents have hardly made any effort to bond with the baby but are now fighting for custody. Do we have a chance of keeping her. She's bonded to us. She doesn't know them she's only seen them 5 times and that's only when... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 20, 2017

Where are the biological parents? What are the court orders? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: If a friend is tryin to adopt my son can a family member step in and get him before the adoption goes threw?
Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 15, 2017

What's the relationship of the family member to the child?

1 Answer | Asked in Adoption for California on
Q: I have been served papers in the state if California where I am temporarily residing but they are from SC.

which state do I need to obtain an attorney?

Louis George Fazzi
Louis George Fazzi answered on Jun 10, 2017

Find a lawyer in the state where the action is pending.

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