I received full custody of my son in 2019 after his dad was arrested for choking him and other things, my son's dad went back to prison in September 2019 for attempted murder on police and has been in there since, sentenced to 14 years. His father has a long record of violent offenses and... View More 
answered on Feb 23, 2022
Yes you will need his signature. believe it or not, you will have to consent to your boyfriend adopting your son too. There is a process to go though. A good lawyer can guide you through this process.
My sons birth father has explicitly said that he wants nothing to do with my son going so far as to refer to him as "it" when I told him about his birth. Can I just put my husband on the birth certificate without him being the father? Or do I have to go to court and prove abandonment?
answered on Jan 15, 2021
Putting your husband on the birth certificate would be a lie. Ideally, if your husband is willing, he should adopt your son, and the birth father can consent to the adoption and relinquish his parental rights. Your husband then becomes the legal parent of your son, and takes on all the same legal... View More
The father had no idea that his daughter was being put up for adoption cause he was incarcerated
answered on Sep 9, 2020
If the father has been released, he can petition the court for access. It is unclear from the facts whether he will prevail or not. Either way, it is not something that I'd recommend he should take on by himself, he does need counsel.
My ex recently after 5 yrs just starting repaying back support, he has renewed his interest which leads me to believe he would not actively participate and cooperate with my fiancé adopting my daughter. The ex hasn’t seen my child in over 4 years because he has long history of substance abuse.... View More
answered on Jun 19, 2019
The legal standard for adoption is different than for granting sole custody. A natural parent must be notified of adoption proceedings. Adoption generally requires the natural parent's consent or a court order terminating the natural parent's rights as a parent (in extreme... View More
I’ve had full legal and physical custody of my son always. His bio father never met him, never contributed anything. He was a drug user and a criminal and he scammed me. It’s been almost 5 years with no contact. My fiancé is the only dad my son has ever known. My ex is vindictive and violent... View More
answered on Feb 23, 2019
No, he will have to be served. He has a right to a hearing on terminating his parental rights, which must be done prior to a hearing on adoption.
Hello!
My fiance and I are getting married and he plans to adopt my daughter so we are looking for legal consult as to where to begin and what we would need to do (once we are married, I'm sure) for him to adopt her.
Any help would be greatly appreciated.
Thank you!
answered on Feb 2, 2019
If your daughter ‘s natural father is still living, you will need his consent, or will have to serve him with legal papers to respond and if he fails to object you can proceed by default. With consent of the natural father, the procedure is fairly straight forward. Congratulations on your... View More
I was adopted in NJ.
answered on Nov 8, 2018
So, if I am understanding your question, your were adopted away from your birth father, and legally became the child of your adoptive father. By law, that means you are no longer the child of your birth father for any legal purpose, including the right to inherit any part of your birth father’s... View More
My mother’s best friend kept my sister away from my mother and secretly filed for full custody while she was on her deathbed. She obtained full custody due to the death. She does not allow visitiation for a majority of the family. It’s been 6-7 years, any chance of getting her back?
answered on Feb 28, 2018
Your family needs a lawyer, but yes, you can at the very least petition for visitation if not full custody. Is the father still in the picture? He would have greater rights to petition for custody, but any close family member could qualify. More facts are needed, and a consult with a lawyer to... View More
We had worked with this company, and thought we they were giving us a refund we didn't know about. They called a month later, saying they wrote the check to the wrong people. It was intended for a couple with the same last name. Am I obligated to give the money back for their mistake?
answered on Feb 10, 2018
Yes, you are. You cannot keep something you received by mistake. You will lose in court if they file a claim.
Note: Guy C -- true biological dad, is NOT in the picture. Yes, he is aware of the child. He has several other children by different women and is present in their lives, but not the child in question.
Situation is complicated, but here goes:
Child is born with one last name. Turns... View More
answered on Dec 7, 2016
Short answer is yes: biological father needs to consent or you'll need to go through the legal process to terminate his rights. You need to consult local counsel. There are many moving parts to your situation that would need to be evaluated.
My fiance and I both want this. My daughter only knows me as her dad. We are very happy but we are always restricted by the past which is why I want to adopt. We don't really want to contact him. He has never paid anything for her. He has multiple dui. He broke my fiance's face. Anything we can do?
answered on Sep 6, 2015
Go to a local adoption attorney for the specific advice that you need. Basically, the father has to consent and there is usually no way around this. If he will not consent, then perhaps a child support action should be filed, only a local family/adoption attorney is going to know the right way to... View More
Myself and my husband are currently on EAD (employment based) status. We have adopted a child (baby girl 4 year old) in India in March this year. My husband is staying in India with her and i travel back and forth every other month. Upon completion of 6 months the legal formalities in India will be... View More
answered on Aug 24, 2015
We need to know what kind of visa you are on. EAD just means you have a work permit to work legally in the United States, it does not say anything about the type of visa you have. If you are on legal visa you will be able to bring the child here as a dependant and to guide you properly I need know... View More
answered on Apr 23, 2012
No, hiring an attorney is not mandatory. A petitioner may file for adoption either "pro se" (self represented) or with an attorney. Because the law requires that adoption proceedings follow various rules and procedures, it may well be a good idea to hire an attorney for such a proceeding.
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.
