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
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?
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
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
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
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.
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
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?
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?
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?
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
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
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.
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