Get free answers to your Adoption legal questions from lawyers in your area.
Do you have to go through an adoption agentcy or does she just sign over custody?
answered on Feb 20, 2024
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I want to emphasize that if the child was born outside of Utah, or if the birth mother is not from Utah, in any scenario, please note that such circumstances introduce a complexity that can only be adequately addressed in a consultation with an attorney (and one whose practice... View More 
Do you have to go through an adoption agentcy or does she just sign over custody?
answered on Feb 20, 2024
As to your question in general, it comes down to what you want to do.
1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting... View More
answered on Mar 19, 2024
In many jurisdictions, the term "godparent" does not have a legal significance in the same way it does in religious or cultural contexts. Unlike legal guardians or custodians, godparents typically do not have a legally binding relationship with a child under state law. This is my... View More
I was placed in foster care in September 1983, after my biological father xxx, along with his sister Deborah Zumwalt and his sister in law xx lied to a corrupt young CPS investigator in Iowa, accusing my biological mother of drunkenness, illicit drug use etc., even though my biological father has a... View More
answered on Dec 28, 2023
The short answer is, "Maybe". There are factors that need to be addressed and then it is all up to a judge.
Do I have to contact him in order to go through with the adoption?
answered on Jul 8, 2022
Although your question may seem to be an easy one, there are many other questions that need to be asked in order to assess whether or not notice is necessary. If you would like to give us a call, we can certainly talk about the specific details of the case and answer your question. If you are not... View More
My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either.... View More
answered on Feb 28, 2022
The short answer is "yes." The long answer is "you need an attorney."
Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when... View More
I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?
answered on Sep 21, 2021
Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.
My son and I are both members of a federally recognized tribe. We do not live on the reservation. I assume ICWA will apply, but as neither biological father or step father are Native American, I am sure my tribe would consent. Bio father has not contacted my son or paid child support in over 5... View More
answered on Jul 8, 2021
Hello. ICWA is applicable and very complicated when it comes to adoption cases, and the forms on the court's website are for basic adoptions. Honestly, I am surprised that the court's website has adoption forms at all, as there are many varieties of adoption cases and overall they are... View More
I have a rather unusual problem. I live in Utah and am the disconnected part of a polyamorous triad wherein the other two partners happened to get married before they explored polyamory. They happily have a child together and we all have been happy for about five years. Now I am having a child with... View More
answered on Jun 14, 2021
You are correct that you should list yourself as the father on the birth certificate. You need to voluntarily relinquish your parental rights and allow the husband to adopt the child. You need to understand that this will forever extinguish any legal rights you would have with the child (although... View More
Is there a chance to remove my name from DCFS database, and somewhere down the line to adopt my cousins in case they get put into fostercare? i'm willing to undergo any psychological testing or other proof to show i am not a danger.
answered on Dec 7, 2020
My reading of the statute is that being on the child abuse registry alone does not prevent you from adopting a child. I don't know the process, if any, for removing oneself from the child abuse registry, but I have successfully completed an adoption for an individual who was on the registry.... View More
She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the... View More
answered on Feb 16, 2020
I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.
Generally speaking,... View More
Background. We met a couple back in 2012 and the woman was about 6 months pregnant. The couple was not ready to start a family. They were married (since divorced). Anyway they asked us to adopt the unborn child. We were advised by Hill Afb legal to get a written statement from the couple giving up... View More
answered on Oct 14, 2019
You are welcome to contact our office and we can discuss this further. 801-546-3874.
I got with my ex when she was pregnant, found out she cheated on me at least twice since he was born. I left two months before his third birthday in April 2017, had him every other weekend until October 2018 when I offered to pay half his daycare to get 50/50 custody and have had him every other... View More
answered on Jul 5, 2019
A person other than a biological parent, such as a grandparent or a step-parent, may petition the court for custody and visitation of a child in Utah. But there must be special circumstances for the court to award custody and visitation to a person who is not a parent.
Utah Code Ann. sec.... View More
The assault was in in Kansas, to my knowledge the father is in Montana and I live in alberta. I would like to adobt out to my sister in Utah.
answered on Apr 2, 2019
What you are asking is highly complex and the correct answer is fact dependent. Please have your sister contact our office so we can discuss the same. Phone #801-546-3874.
answered on Jul 5, 2018
The quick answer is no, but if you are talking about foster care adoptions, the DCFS will give preference to those who are willing to do so, for obvious reasons. If you would like to further discuss, please call our office at 801-546-3874.
Mother doesn't know father of child. Married my now husband when child was very young and he raised child as his own. They divorced when she was about 5 but he continues to raise her by paying non-mandated child support and has custody every weekend. None of this is legally mandated as they... View More
answered on Mar 23, 2018
Yes, there is a chance that he could adopt her. Give us a call so we can discuss this in detail and more fully determine the answer to your question.
PH: 801-546-3874
When the young man first came into my life, his mother had been caring for him. Soon after, the mother signed her parental rights over to the father. The father lives here in Utah, and has only seen him four or fives times in twelve years with no support. The mother now lives in New Mexico. She has... View More
answered on Feb 26, 2018
Great questions, but in order to answer your questions, there are a lot of personal questions I need to ask you, which I am sure you don't want out in the open. Please call our office at 801-546-3874 and ask for myself, Jason Barnes.
My husband wants to adopt him and has been in his life since he was 5 months old. I just need to know what paper work I need to file for relinquishment of rights
answered on Jan 31, 2018
Normally the relinquishment of rights is part of the paperwork that goes along with proceeding with an adoption. It is best to consult with and retain the assistance of an attorney that deals with stepparent adoptions to assist you in getting all the necessary paperwork to begin and complete your... View More
My boyfriend and I are thinking about getting married. He wants to adopt my child, who's 4. I'm not sure of who his biological father is. I registered him as a single mother. Only me is on the birth certificate. How soon after we get married can we start the process and what is the process for that?
answered on Aug 8, 2017
To answer your first question, you can start the adoption process now. However, please understand that 78B-6-136.5 states:
(2)(a) If the prospective adoptive parent is the spouse of the pre-existing parent, a final decree of adoption may not be entered until the child has lived in the home... View More
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