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answered on Aug 15, 2017
For Florida adoption matters, there must be consent OR notice provided to the parents of the child. Each parent must consent to the adoption or file a petition with proper notice for a hearing to be held before a Judge. You should consult with a local family law attorney to find out the... View More 
My parental rights were taken 15 yrs ago. She is now 19 she had two failed adoptions then aged out of the foster care system she still carries the name of the last failed mother on her birth certificate. She was taken from her for abuse so my daughter doesn't want the name she would like her... View More
answered on Jul 20, 2017
No, I believe what she needs to do is to petition the court for a name change.
- My husband and I got married 2 years ago in the US and I'm now a legal permanent resident.
- My husband is a US citizen and he filed the i130 for my son. We're still awaiting the i130's approval.
- He is not the biological father of my son.
- My son is 7... View More
answered on Jul 10, 2017
Because your son is abroad, after the petition is approved by U.S. Citizenship & Immigration Services, the case will be forwarded to the National Visa Center. That office will accept electronically your son's DS-260, Application for Immigrant Visa, and hard copies of various supporting... View More
and give him to us. What would need to be done? The baby is currently staying with her boyfriend, who isn't the baby's father.
answered on Jun 17, 2017
You would petition the court to adopt the baby. Contact an attorney for further information.
I am trying to adopt my great aunt's grandson. I believe that would be a second cousin and am unsure if I would need to go for a relative adoption or just a regular adoption. I do know that he is not a second cousin once removed.
answered on Jun 12, 2017
The person you are trying to adopt would be your second cousin once removed. He would be your father's first cousin.
Your father would be your relative of the first degree.
His parents (your grandparents) would be the second degree (to you).
Your father's uncle... View More
Mom has had no contact in 7 months - this is the second time in two years she's gone 7+ months with no contact. None of the dads bother. The dads would give up their rights but mom, being spiteful, will not without a fight. We want to terminate parental rights and adopt but somebody said... View More
answered on Jun 3, 2017
Louisiana has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (a uniform law that has been adopted in both states). If none of the parents still reside in Louisiana, it might be possible to get the Louisiana court to waive jurisdiction, but I believe that would be... View More
My brother gave up his daughter and allowed his ex wife's husband to adopt her. He passed away in November 2016. We are trying to settle his estate. I received a letter from the military pension and retirement that they need the address of this child. Is she entitled to his estate if she was... View More
answered on Apr 28, 2017
Adoption alone does not necessarily eliminate inheritance rights. That said, if his parental rights were properly terminated when he gave the daughter up for adoption, then the daughter may have no inheritance rights.
Here are the exceptions for children who were adopted and whose natural... View More
Parents are together father has been gone for a year without paying any support. I the cousin has taken care of the mother and her two children. The husband is a recovery drug addict, mother can not control her alcohol both children has seen both parents messed up on drugs all at young ages and has... View More
answered on Apr 26, 2017
No, a 14 year old does not have the right to choose where he or she wants to live. If there are this many issues at home, I suggest filing a report with DCF and and trying to get guardianship.
answered on Mar 17, 2017
Adoption is done through the courts. There would have been a written court order signed by a judge, but the adoptive parent might not have a copy of it.
He was ordered in Oct 2015 to pay child support to the custodian. He only paid once. It is part of his case plan.
answered on Mar 5, 2017
Failure to substantially comply with a case plan may be a ground to terminate parental rights particularly if the parent has not addressed the issues which caused the child to be determined to be dependent and the child cannot be reunified with the parent within one year of removal.
My gf is pregnant by another man. We live in Florida if that matters. If we both decide to say it is my baby and we get married before baby is born do I have to adopt child? I feel it would be easier to just go on with life saying it is mine. Thanks!
Edit: we both want to just put my name... View More
answered on Mar 1, 2017
Should you marry before the baby is born you would then be the presumptive legal father of the baby as the husband is the presumptive father of a child born of married couple.
I had two Children out of wed lock. They both live in GA. I'm in FLORIDA. They're mother cut off all communications with them. I never legitimized them. I have DNA results proving I am the father. I need to file these very quickly and don't know who to show them to. Where they live?... View More
answered on Jan 12, 2017
You would file for visitation where the children live.
He isn't on the birth certificate.
He hasn't established paternity.
She is almost 3.
Hes not developed a relationship with her.
He left when i was pregnant.
He hasn't supported her.
He has met her, but only through his grandparents and... View More
answered on Oct 27, 2016
There is statutory provision for an adoption without the father's consent, but he probably would have to be notified of the adoption petition. It may also be necessary to do paternity testing so that the court is convinced that he is indeed the biological father. I suggest you get an attorney... View More
answered on Oct 9, 2016
There is no minimum age. If her biological father won't agree, there are conditions under which his consent can be waived.
I started to place my child for adoption and signed a VPA, but have changed my mind and decided to parent. I want to stop the adoption and get my child back.
answered on Sep 12, 2016
You need to file a written revocation of consent and get a lawyer asap.
We both consent to the adoption, but there are two issues that could create challenges:
1. Kevin's mother and I are divorced.
2. Kevin and I live in separate states. He lives in Utah, I live in Florida.
My questions:
1. Do I need consent from birth parents?... View More
answered on Aug 27, 2016
Yes, adoption is a matter of state, not federal law, and the law of each state varies to some degree. In some states, for example, adoption of adults may not be possible. Since Kevin resides in Utah, you probably would need to file there.
Since he is now an adult, you probably... View More
I was pregnant when I met my now ex boyfriend. When my baby was born he signed the birth certificate knowing he wasnt the father the real father didnt want nothing to do with my son.We broke it off he has nothing to do with my son. I am now married & my husband wants to adopt my son what are... View More
answered on Aug 14, 2016
Your husband will want to have an attorney so that the paperwork is done correctly. But in general the man named on the birth certificate, as well as the biological father will probably have to each be notified or give his consent.
I have a one year old daughter and her father is not in our lives at all. He is not on her birth certificate and she has my last name. I've been with this guy since my daughter was a newborn and she calls him daddy and he treats her like his own. We were wondering how we could go about giving... View More
answered on Jul 5, 2016
To get him named on the birth certificate, he would have to adopt the child. Normally this requires that he and you first be married. In an adoption proceeding, the biological father would have to be notified, although his consent may well be not necessary.
She is currently on my maiden name, we are never married but he is on the birth cert, but he is also willing to sign the paper for my husband to adopt her. We are both in the military and he is currently paying child support.
answered on Jun 27, 2016
File a petition for step-parent adoption.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
jsmitten@careyandleisure.com
www.careyandleisure.com
I've tried everything on my own, is it time to break down and hire an attorney?
answered on May 31, 2016
You, as the biological father, should be able to get it from the clerk of court.
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