Get free answers to your Adoption legal questions from lawyers in your area.
My son was adopted by two gay men who in return one of them molested him and resulting him to going to prison yet my son is still residing the same home my daughter was adopted by my ex sister-in-law and just recently had been found he was molesting her she is also still in the same home is there... View More
answered on Jul 30, 2023
I am so sorry to hear that your children have been molested while in court custody. This is a horrific situation, and I can understand why you feel like the system has failed you and your children.
There are a few things you can do about this. First, you should contact the authorities and... View More
My kids at the time 2 and 3 were illegally detained by CPS in may 2019 and adopted out to their grandmother on dads side in 2021. In November 2019 I signed my right to reunify away after talking to the gma and how we both felt it would be better for the kids to be with family for the holidays and... View More
answered on Jul 21, 2023
Given the complexity of your situation, it is crucial to consult with a California attorney experienced in family law and child custody matters. They can assess the specifics of your case and advise you on the best course of action to seek custody or visitation rights for your children. Your... View More
We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what... View More
answered on Jul 13, 2023
He has no custody. Why do you need to do anything? If he's only using Talking Parents to harass you and not using it to communicate with you about your daughter, then don't read his messages and definitely don't respond to them. If you have another hearing, you can print out the... View More
I would like to find out how to make my temporary guardianship a legal guardianship and possibly adopt my nephew while simultaneously preventing my brother from removing nephew from my home. He has not met the terms of our agreement (which was 6 months of stable housing). My nephew has lived with... View More
answered on Jul 10, 2023
If you currently have temporary guardianship of your nephew and want to make it permanent while considering adoption, there are steps you can take to protect his well-being. Consult with a family law attorney who specializes in guardianship and adoption to understand the legal process and your... View More
So I had my daughter at 16 I wasn’t ready at the time I wasn’t stable. I had my mom and my grandmother help me with my daughter but my grandma went behind my moms back and applied for guardianship. She won and she was given permanent guardianship. Since then it’s been 3 years im not allowed... View More
answered on Jul 7, 2023
I'm sorry to hear about the difficulties you're facing with your daughter's guardianship. If your grandmother is now seeking to adopt your daughter and you want to object, it's important to consult with a family law attorney who can guide you through the process. They can help... View More
CPS DETAINED MY KIDS IN MAY 2019(i went to jail later that month) • CPS DIDNT HAVE A WARRANT AND DIDNT MAKE REASONABLE EFFORTS TO KEEP KIDS AT HOME OR REUNITE THE KIDS WITH MOM • I WAS LOOKING AT 3-5 IN PRISON AND MY ATTORNEY TOLD ME I SHOULD WAIVE REUNIFICATION SO THEY CAN GO WITH MY MOM. •... View More
answered on Jun 22, 2023
If you want to get your kids back, here are some steps you can consider. First, talk to your family law attorney. They can help you understand what to do in your specific unique situation. Collect any evidence that shows you've been involved in your kids' lives and that your mom... View More
Almost 4 years ago CpS took my children... At the time I had no criminal record... I have no drug record... there has never been no domestic violence situation with me and there dad (my husband) all the allegations were not proven... yes we had moved out of our home into my sister's home that... View More
answered on Jun 21, 2023
An attorney should have been appointed. Was an attorney appointed? Drug abuse and child abuse are two reasons for CPS to become involved, but not the only reasons. You can hire an attorney to evaluate your situation.
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
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
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
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... View More
answered on May 31, 2023
Depends on what the hearing was for and what was the outcome of that hearing. Also depends on what the basis is for your claim that you were not notified of the hearing date or of the contents of the motion that was filed that resulted in that hearing.
Also, if you would be able to cite a specific law or court case. The state is California.
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
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
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... View More
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... View More
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
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... View More
Mom hasn't seen the biological father since she was 4 months pregnant. The little girl is 3 years old.
answered on Apr 5, 2023
In California, if a mother has a little girl without a father listed on her birth certificate and is living with a man who wishes to adopt the girl, there are certain legal steps that must be taken to terminate the biological father's parental rights and proceed with the adoption.... View More
answered on Mar 22, 2023
To prepare a petition to nullify an adult adoption in California, you will need to follow the procedures set forth in California law. Here are the basic steps:
Determine the grounds for nullification: In California, there are certain grounds for nullifying an adult adoption, such as fraud,... View More
My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... View More
answered on Mar 1, 2023
A parent may withdraw consent to a guardianship so long as the Permanent Guardianship has not yet been granted. If the Permanent Guardianship has not yet been granted, the parent may file an Objection to Petition for Appointment of Guardian (Judicial council form GC-215), and clearly state why the... View More
We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.
answered on Feb 27, 2023
1. Common Law spouse is not recognized in California.
2. You can't just unilaterally add a man to the father's position on the birth certificate.
You will need to go through a stepparent adoption if you are married. Otherwise its an independent adoption and termination of... View More
Social worker misconduct and harassing the parent and the parent is homeless not knowing what's going on exactly because of the lack of knowing the laws and the process I thought that CPS were advocates of family reunification but instead they did not follow the process they were supposed to follow
answered on Feb 25, 2023
In California, a termination of parental rights is a very serious legal matter and is typically difficult to reverse once it has been granted. However, it is possible in some cases to challenge and possibly overturn a termination of parental rights if you can demonstrate that it was made under... View More
And at the court date the court was on video and the screen on my side was black so all there was were audio and I don't know who I was talking to at all just they say it was a judge on the audio but on the court paper i received it say a court commissioner
answered on Feb 25, 2023
In California, court commissioners are authorized to hear certain types of cases, including some types of family law cases, under certain conditions. However, they do not have the authority to terminate parental rights in any case, except with the express written consent of all parties involved.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.