Adoptions Legal Questions

OK all the annuity paperwork should be filed along with the judgment in the court case file. So find out in what county in Florida the dog attack occurred, and then call the court clerk to get the case number by giving the clerk -the parents names of the child, and they should find the case easily. Then just look for the judgment, in the docket file, which will contain all the information regarding the annuity and the payout dates. Once that is obtained, contact the insurance company, and they will request the paperwork necessary to facilitate the change of name.      ... Read Answer

If your child's mother and step-father are interested in moving forward to terminate your parental rights and to do a step-parent adoption, then usually they would present you with a legal document that you can review and sign that would voluntarily relinquish your parental rights to your child.  However, if they are not interested in pursuing a termination and adoption it is highly unlikely that a court would allow you to voluntarily terminate your rights.  Courts typically will not terminate a parent's rights unless or until someone is stepping up to assuming those rights that you are asking to be terminated.... Read Answer

Claire. A US Citizen child over 21 can sponsor your husband provided that your marriage took place before your child was 18. Thus, he could not sponsor his step dad if you marrued a few years ago. However, once your son sponsors you for a green card, you can sponsor your husband once you obtain lawful permanent residency. ... Read Answer

No, you did not commit a crime by putting your name on your child's birth certificate. The family court does not have jurisdiction over immigration matters. The only thing your husband can do is ask the court to require that the child's name be changed to add his name. You are allowed to keep your name as one of the child's last names.... Read Answer

You can allow dad to take the baby home from the hospital, but the hospital does not have any paperwork for you to sign over your parental rights. However, you can file a Suit Affecting the Parent-Child Relationship and ask the court for an order appointing dad as the sole managing conservator. The court probably won't allow you to terminate your parental rights unless the baby's father is married and his wife wants to do a stepparent adoption. You can certainly get an order giving the dad most of the rights concerning the child. You will still have some rights and you will still be the child's mother, but the dad will have most of the rights.... Read Answer

You can try to adopt. You will need a lawyer who is an adoption specialist. THe court will weigh all factors relating to the best interests of the child. Expect a drawn out process, medical and psychological exams etc. As a non-blood relative of the child, you are going to have to do a very good job convincing the court that you offer the best home, stability and welfare for the child. good luck to you... Read Answer

If there is already an order in place you would need to seek to modify the existing order for conservatorship, visitation and support.  If there is not already an order you would need to file a Petition in Suit Affecting Parent-Child Relationship to establish conservatorship, visitation and support orders for the first time.  However, if a step-parent adoption is your goal then it may be more efficient to talk to an attorney about the possibility of moving forward with step-parent adoption if there is grounds to do so.  I highly recommend that you consult with an experienced family law attorney in your area to determine what the best course is for you and your family moving forward.... Read Answer

If you son's bio dad would be willing to agree to terminate his rights, then it would be possible to request the Court to terminate his rights and grant a step-parent adoption.  The bio-dad would have to sign a Voluntary Affidavit of Relinquishment.  But you there would also be other stops in the process.  There would have to be a home study conducted to help the Court understand if a step-parent adoption is appropriate, there would have to be criminal history checks done, and the Court will usually appoint an attorney like an amicus attorney to help the Court to understand if the parental rights of bio-dad being terminated would be in the best interests of the child.   It can be a tricky process that is difficult for someone representing themselves to navigate correctly.  I highly recommend that you consult with an experienced adoption attorney.  If the process is not contested the fees may not be as high as you expect.... Read Answer

I am not an Indiana attorney but a good place to look for adoption resources is the National Council for Adoption. There you can find specialists who can help you. Also look at resources at your local social services agencies. Because everyone is on board, your brother and sister will have to be approved by the appropriate state agency. Best of luck to you. ... Read Answer

You can do a step parent adoption.  If the biological father does not voluntarily sign a consent to the adoption, his parental rights can be terminated involuntarily for failure to maintain a meaningful relationship with the child for at least 12 of the past 14 months; or terminated for failure to provide support to the child for the same time period.  If a process server cannot find the bio dad, then you can ask the court for permission to serve him by publication in the newspaper.  I can help you complete the process when you are ready to proceed. ... Read Answer

Unfortunately, it doesn't sound like she qualifies for an adult adoption. Ohio requires one of five factors to do an adult adoption 1) the adoptee is totally and permanently disabled, 2) the adoptee is determined to be a mentally retarded person 3) the adoptee had established a child-foster parent or child-stepparent relationship with the petitioner as a minor. 4)  was, at the time of the adult eighteenth birthday, in the permanent custody of or in a planned permanent living arrangement with a public children services agency or a private child-placing agency or 5) is the child of the spouse of the petitioner.   She does not meet any of the criteria, and so you cannot do an adult adoption.... Read Answer

Animal law is NOT a specialty of mine, but I believe a seller can chose who to sell to and not to sell to (based on the pet being allowed inside, etc.) and possibly subject to terms they specify in a sale contract, but (1) once they sell the pet, they cold possibly sue the buyer for NOT honoring the terms of the agreement, which licensed vet you take the pet too is most likely not going to be an inforcable issue and the seller bad mouthing a particular VET would open them up to potential issues they would NOT want to face, i.e. "Defamation Per Se".  There are Attorneys who specialize in animal law, I would suggest you google that for more focused advice, but such a specialty may carry with it a charge for a consultation and advice.... Read Answer

As an adult, you can do another adult adoption so you biological mother is reinstated as your legal mother.  You can inherit from her as it is, but doing an adult adoption would reinstate her to a status where if something happened to you, she would legally be your Mom. There are NOT many steps to an adult adoption, but it would be much easier to do with an attorney in or near the county where you live.... Read Answer

Hi,      Yes, your husband can adopt your daughter. I have handled several cases like this, where a stepparent adopts a stepchild. I would be glad to discuss it with you during a free initial consultation. Please contact my office to schedule a time for us to talk.  Sincerely, Dylan Boyd www.dylanboydlaw.com 207-536-7147 dylan@dylanboydlaw.com... Read Answer

Dear Mr. Baylor:   In order to adopt your stepchildren, the court must terminate the rights of the biological father.  Usually the court will do this if there is "abuse, abandonment or neglect."  From your information it seems that the biological father has, in efect, abandoned the children.    Florida Family Law Form 12.981 (b)(1)  (you can find by googling)is the form for a stepparent adoption. You can read through the instructions and it will provide guidance. You should make sure to insert in the proper paragraph that he has not provided financial support or taken any interest in seeing his children. There are other forms in setion 12.981 that would provide guidance to you as well that must be filed. I hope you can proceed and be successful with the adoption as you sound like a caring and concerned individual who is and will continue to be  positive influence on these children.   Best of luck, Cindy S. Vova  Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade-Palm Beach info@vovalaw.com    ... Read Answer

You can file to adopt in your county's probate court. So long as the mother consents, and the biological father does not oppose, the court will likely grant the adoption.   As an alternative, you may want to just seek guardianship. It is easier to unwind a guardianship than an adoption and it gives most if not all of the same powers.... Read Answer

Dear Cameron:        You can be adopted by your stepmother.  However, it will require that either your biological mother consents or there is a termination of her parental rights, which is usually based on abuse, abandonment or neglect.  Your stepmother would have to file the petition, joined by your father.         If your father and stepmother wish to do this  they can find the instructions and form for the petition at https://www.flcourts.org/content/download/403293/3458092/981b1.pdf.  Once they read this they should probably have a better grasp on whether they will be successful in having your biological mother terminate her rights.         Best of luck to you and your family.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Palm Beach-Miami-Dade... Read Answer

If DCS was involved with the placement, it's my understanding they will sometimes help with the adoption. That might be a place for you to start, especially if money is an issue as it is for almost all of us. If it's a private placement and DCS won't help, you would have to file a petition to terminate parental rights of both parents and for adoption. If birth parents will sign off, and especially if you are a blood relative, it can be fairly simple. If birth parents fight, it can be a pretty involved lawsuit. Sometimes people call termination of parental rights the death penalty of Family Court. Birthparents will probably be appointed lawyers and the child will get one. As you can imagine that's a lot of lawyers in a room, and when there are a lot of lawyers in a room things are slow and expensive. Also depending on your circumstances you could contact legal aid, they are called different things depending on your county but if you Google 'legal aid' you should be able to find them and see if they are in a position to help you. Otherwise hire an attorney in your county or nearby with experience in the contested termination of rights cases... Read Answer