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Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: can anyone object to a guardianship or just the parents of the child? does that person have to serve the other party?

a good friend of mine who has seen me parent would like to object to it as well.

Mike Darlington
Mike Darlington answered on Apr 28, 2020

Normally only someone with a relationship to the child can object to the guardianship. However, your friend can file a declaration on your behalf as a witness. Anything filed in the action has to be served on all parties, especially the petitioner.

1 Answer | Asked in Adoption for Louisiana on
Q: Can I present the form, CHC 1122 to a court, with the alleged father present to complete the surrender?

My fiance would like to adopt my daughter and her biological father is okay with the decision. How will I go about this? Also we reside in Texas and the father lives in Louisiana.

Douglas Lee Bryan
Douglas Lee Bryan answered on Apr 20, 2020

The bio dad's surrender would have to be filed in the adoption proceedings. You need to consult with an attorney who handles intrafamily adoptions, such as myself, to discuss the process and anticipated costs. Intrafamily adoptions are not nearly as complicated as a private adoption and are... Read more »

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: I’d like to find a “pro-family” adoption lawyer, if there’s such a thing. How can I go about finding one?

The mother of my child and I would like to speak with an attorney regarding an adoption we went through with. We placed our daughter for adoption in January 2019 in what was supposed to be an open adoption.

Homer P Jordan IV
Homer P Jordan IV answered on Apr 20, 2020

There are numerous attorneys that can help you with your case. You should call around to a few to find one that suits your needs and preferences. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Family Law and Adoption for Pennsylvania on
Q: Can I legally use my birth name 20 years after an adoption?

I feel that my identity was ripped from me from the age of 5 when this happened (20 years ago). I have multiple birth certificates and a SS card with my brithname on it. Would it be legal to use or would I have to go through the name change process?

Kathryn Hilbush
Kathryn Hilbush answered on Apr 16, 2020

If you were adopted and your name was changed as a result of that adoption, you'll need to go through the name change process to change your name to your birth name.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: How do I get an unaltered copy of an adoption decree? Before the judge made corrections. Would a copy be on record.
Ryan D Templeton
Ryan D Templeton answered on Apr 16, 2020

The final decree as signed by the judge would be on file with the clerk of court. Any other version you would need to talk to the person that drafted the document who would more likely than not would be an attorney.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: I have decided to sign over my parental rights as my son will be adopted by the mothers husband.

They have agreed to this. What is the best first step?

Kathryn Hilbush
Kathryn Hilbush answered on Apr 15, 2020

They'll need to file paperwork with their county's Orphans' Court. You will sign a very specific agreement to voluntarily terminate your parental rights. They really should retain an attorney experienced in adoptions to shepherd the case through the system.

1 Answer | Asked in Adoption and Child Custody for South Carolina on
Q: My daughters paternal grandmother has primary custody and I get her every weekend father in jail signed away rights gma

Want to adopt but I no longer agree. What can happen if she tries and I object and when can I request a change of custody

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

If there is a substantial change in circumstance you can always request a change in custody. It would be a good idea to reach out to a family law attorney in your area that can advise you on the best course of action. If you are served with any paperwork regarding the child you need to make sure to... Read more »

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: how do i file for voluntary parental rights terminations?

my ex husband and i have been divorced since 2016 and i have sole custody of our two daughters. he is 20,000.00 behind in child support and has visitation with them in the state of Missouri.my fiance wants to adopt them and change their last name to his.

my daughters want the same thing... Read more »

Pete David Louden
Pete David Louden answered on Apr 7, 2020

Adoptions are so complex that most attorneys will not even attempt an adoption. It is not a do it yourself project so your first step should be to hire an experienced adoption attorney. They will be able to help you get this done.

I wish you the best of luck with your case

1 Answer | Asked in Adoption for Florida on
Q: How can my husband adopt my adult daughter. We live in FL. She lives in NC. Her biological father is deceased.

My daughter is legally married, but not living with her husband. Not divorced.

Deborah Annette Carroll
Deborah Annette Carroll answered on Apr 3, 2020

Adult adoptions are quite common. A petition for adult adoption is filed by your husband along with your consent as the spouse and the consent of your adult daughter. Since she is married, her spouse will also have to sign a consent or a case made to the court that he is unreasonably withholding... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Gov & Administrative Law for Texas on
Q: where is the policy for bringing up another lawsuit after one is dismissed

i was thinking it takes a year for family or civil

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

A Texas attorney is best qualified to answer this question, but you await an answer for three weeks. As a GENERAL premise, if a matter is dismissed on the merits (for something substantive - not something technical such as "this is the wrong court, you must bring your action in a different venue"),... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Virginia on
Q: A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son.

A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will

Michael Christopher Miller
Michael Christopher Miller answered on Mar 26, 2020

At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.

The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.

1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. If abuse has occurred, you might consider speaking to your school counselor about the matter. That counselor could make a report to social services.

1 Answer | Asked in Adoption for Louisiana on
Q: Can the rights of a non-custodial parent be taken away without having someone adopt her to "legally" be her father?

My daughters father has abandoned her, i'm remarried, but do not have the funds to pay adoption fees for my husband to legally adopt her. Non-custodial parent hasnt had any contact in almost 5 years, my husband has been her "dad" for the past 8 years.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 20, 2020

His rights can only be terminated by action of the State (for example, in a OCS proceeding) or for purposes of an adoption. In this case, your husband can adopt the child, most likely without the father's consent. Intrafamily adoptions generally are not as expensive or complicated as a private... Read more »

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: How does an unmarried father reinstate parental rights when baby was placed for adoption in Tennessee?

A termination of parental rights was signed thru an agency before baby was born, upon realizing the child was his he has changed his mind and wants to father the child. He was not present when the birth certificate was signed. Mother can still revoke decision until 23rd but would rather not

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 20, 2020

He needs to register with the putative father registry. Information can be found at

https://www.tn.gov/dcs/program-areas/foster-care-and-adoption/fca/adoption-records/alleged-putative-fathers.html

He also needs to retain a seasoned local family law attorney, like yesterday.

2 Answers | Asked in Family Law and Adoption for Georgia on
Q: Dcfs got involved in my life with my child's birth...if i was to let my mother legally adopt her will my case close...
Ellaretha Coleman
Ellaretha Coleman answered on Mar 20, 2020

Possibly. However, if there is a dependency case, any placement will need to be approved by the juvenile court.

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1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: How hard will it be for me to get custody of my granddaughter ? I am her grandmother. She has been with me more often

Than not since she was 1 1/2 old . Her mother lived with me off and on mostly not but most recently the last 4 + years with me doing all the care taking of my granddaughter because her mother wouldn't. She ( my daughter is mentally ill) and refuses to get help . Most recently in November 2019 she... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Unless the child has been with you for the past six months, you don’t have standing to file for custody. Alternatively, if or when she has been in your care or possession for at least six months, then you could be a de facto custodian and you would then have standing to bring an action for... Read more »

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: I received two letters. In shock. First letter states F.S. 742.021(2). Second support. Meaning?

I know nothing about a child conceived 12yrs ago

Jean Richardson
Jean Richardson answered on Mar 17, 2020

742.021(2) has to do with determination of paternity. Without seeing the letters, I'm assuming someone is claiming you are the biological father of a child and you are being sued for child support.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention to...
Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Tennessee on
Q: I have a custody case in TN but I reside in FL, do I need to attain a TN lawyer ?

The children were taken to TN supoosed to be temporary for their fathers funeral but their older brother from a previous relationship from their father, is trying to keep them and get full custody . I signed a custody agreement that the grandfather made himself and had notarize that they will be... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 12, 2020

You need to hire an experienced family law attorney from around Nashville. There are several issues presented in your question that you most likely cannot address without legal representation. I suspect a dependency and neglect petition has been filed against you. The burden of proof is high,... Read more »

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