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California Adoption Questions & Answers
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.

1 Answer | Asked in Adoption for California on
Q: How does an adult adoption work?

It's for one of my law classes

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 9, 2017

You must file for adoption via court filings. The CA court website has plenty of info about that. 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,... Read more »

1 Answer | Asked in Adoption for California on
Q: Can a family friend adopt you, even though you are over 18?

I'm asking for someone else.

Patricia Ann Simmons
Patricia Ann Simmons answered on Jun 9, 2017

Yes, that is an Adult Adoption.

2 Answers | Asked in Adoption and Child Custody for California on
Q: We have a friend who is pregnant and wants us to adopt or have custody of the child as she is unable to care for her..

What is the process? Do we have to go through the courts if she and we are already in agreement?

Yes, both mother and father are in agreement.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 9, 2017

What about the father of this child? Is he in the picture? Is he also in agreement regarding the adoption? The process for adoption is entirely different from custody. In the case of a non-parent, custody would not be the appropriate legal process. Instead, the friends would apply for Legal... Read more »

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2 Answers | Asked in Adoption and Family Law for California on
Q: If i have been absent from my children for 6 year do to incarceration can i get visitation rights
Joseph Torri
Joseph Torri answered on May 10, 2017

Although you have been absent for six years due to incarceration, you may be able to obtain visitation. However, there will be many steps in obtaining visitation, such as reunification therapy. Answering this question requires an analysis that goes beyond this post. More facts are required to... Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: How do I gain custody of a younger sibling, if he/she is living in a group home?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 6, 2017

You can file for guardianship. 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/ publications on my law... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Patents (Intellectual Property) for California on
Q: After adoption is complete, regarding a CPS removal. My mom has my son's and child services are asking me to sign papers

Is there any way I could get a chance to fight for them back,if I dont sign them over.

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

Were your parental rights terminated? If so, you may be able to re-establish them in time by applying for that in court. 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... Read more »

1 Answer | Asked in Adoption and Family Law for California on
Q: I'm currently 9 weeks pregnant and want to give the baby to a loving adoptive family. Can the bio father stop this?

If I find a family, and sign all the papers prior, would my ex boyfriend be able to intervene in any way?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 18, 2017

The father may be able to file for child custody after the child is born, and he may be able to object to the adoption by filing a pre-birth injunction. Why would you want to deny the child his father, and vice versa?

See: http://www.aeesq.com/divorce-attorney/child-custody/

More...
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1 Answer | Asked in Adoption and Child Custody for California on
Q: If a child has been adopted and I know he is unhappy can I adopt him even though we are not related inane shape or form?

My parents tried to adopt a child but their application got stopped because of a adoptive mom who had his sister wanted to adopt him but in the end our family friend who was taking care of him adopted him so we could still see him. We all know he is unhappy of being living with them. Is there... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 18, 2017

If the child has been adopted by another family, you cannot force a re-adoption. If there is abuse or neglect, you can report the matter to CPS. 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... Read more »

1 Answer | Asked in Adoption, Juvenile Law, Legal Malpractice and Small Claims for California on
Q: they lost my notice of intent to file writ of extraordinary petition

dependency court - private attorney failed to find writ and pursue it do i have legal recourse to refile writ after 4 years

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 10, 2017

The timing issue is the problem. You'd need to prove why you waited so long and whether you had reason to know about the problem earlier. 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, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: the juvenile court lost my writ of extraordinary petition is this grounds to file a writ of habeas corpus

had a private attorney at the time who did not charge me on billing when i asked him about this

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 10, 2017

The timing issue is the problem. You'd need to prove why you waited so long and whether you had reason to know about the problem earlier. 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 »

2 Answers | Asked in Adoption for California on
Q: Is it possible for step parent adoption, if the biological dad refuses

I have full legal and physical custody of my 5 year old son. The father has supervised visits every weekend, but continues to only do every other weekend. He is a 5 time career felon and 2 strike offender and barely met his son in November. Can my husband adopt my son without the fathers consent?

Patricia Ann Simmons
Patricia Ann Simmons answered on Apr 3, 2017

The biological father does not necessarily need to consent to the adoption. Prior to any adoption, the biological father's parental rights must be terminated. If it can be shown that the bio dad meets the requirements for termination of his rights, his consent is not needed. His rights will be... Read more »

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1 Answer | Asked in Adoption and Animal / Dog Law for California on
Q: Parents are going their separate ways. Together there are three dogs, growing up the little dog has always been mine.

Even though my parents adopted her, is there a way I can legally make her mine?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

Maybe you can ask your parents to buy or have the 3rd dog? 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: What steps will be necessary to gain custody of my nephews?

My brother has sole custody of my 4year old twin nephews. He has had a tumultuous life, between the drug binges and the incarceration. The only reason he has custody is because of my parents. Recently he has been evicted from his place and my parents believe he is using again. They have been... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Mar 26, 2017

In order for you to be considered you must first file a petition for guardianship. Yours will be a competing petition with your parents who have already been granted temporary guardianship. You and your parents should have a meeting to determine which home provides the best environment for your... Read more »

1 Answer | Asked in Adoption, Child Support, Criminal Law and Family Law for California on
Q: My boyfriend received his first contempt hearing appointment to show cause for non-payment of child Support.

He owes back arrears since 2015 due to him losing his job. However, it is DCSS that filed the complaint since his child was recently adopted by the step-father with his consent (since he hasn't seen his child in years due to the child moving out of state and my boyfriend had no access for... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 24, 2017

He should hire a lawyer to respond to the complaint and provide evidence of his financial limitations. Has child support been terminated since the adoption? 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 Adoption for California on
Q: Is it more difficult to get approved if I want to adopt multiple children at once (for examples, siblings)?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 24, 2017

Yes possibly. See: http://www.childsworld.ca.gov/pg1302.htm

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 Immigration Law, Child Custody and Adoption for California on
Q: Can my husband and I adopt my cousin's daughter who is 13 from overseas?
Kyndra Mulder
Kyndra Mulder answered on Mar 9, 2017

More information is needed to answer the question.

In general relative adoptions are highly suspect and there are special requirements when the child is not an orphan.

You will need to research foreign adoption requirements yourself or consult with an attorney who is experienced in...
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1 Answer | Asked in Adoption for California on
Q: My Husband wants to adopt my son paper work will start in CA and we have to move due to Military orders what can be done

My son is 12 and his bio dad hasn't seen him since he was 3.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

The biological dad would have to agree or have his parental rights terminated first. See: http://www.courts.ca.gov/selfhelp-adoption.htm

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...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: Iv had my ex's son since he was five days old. Now the dad wants to use his custody writes to take him. What can i do?

I have no custody writes to him. He is almost 2 years old. His mom (my ex), is never around. The "father" was allegedly abusive to my sons mom during there entire pregnancy. He refused the child as his own, avoided nearly all the doctors appointments/check-ups and refused to help out the pregnant... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 1, 2017

If you're not the child's biological parent, I hear no legal right that you may have to custody of the child. So long as the parental rights of the parents are not terminated, I see no basis in these facts for you to adopt the child against their wishes. Beware: you may be charged with kidnapping... Read more »

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