Adoptions Legal Questions

If the agency committed fraud and they are located in NJ, then you can reach out to any attorney that handles civil litigation and suits for debts. If there are possible criminal charges against them you would have to take that up with a county prosecutor or perhaps even the Federal Gov't if this is an internationally (foreign) based agency that does business here in the US.... Read Answer

It depends on a few different factors. How long did you own the cat?  If it was a recent adoption and you lost the cat for 15 days shortly after adopting it- you're not getting the cat back unless you can prove you made a monumental effort to find him/her, and there was a good reason it took so long to find the cat. If the cat is older and you've owned the cat for years, you might have a chance to get the cat back, if you can prove you've taken the cat for regular veterinary care, vaccinations, etc. ... Read Answer

Of course, you can take care of the child. Follow this link to find a form for a non-parent relative to care for a minor child: https://www.dfps.state.tx.us/site_map/forms.asp If the mother agrees, then she can execute that form so that you and your husband can show the doctors, child care providers, etc. that you have permission to care for the child and sign documents for the child.... Read Answer

The good news is that since you're married and (I assume) New York residents, any child conceived by either of you and born during the marriage is legally the child of both of you. However, given that certain states like North Carolina and South Carolina are resistant to gay marriage and recognizing parental rights of gays, and this political climate has seemingly emboldened conservative lawmakers to repeal or fail to enforce civil rights, a second-parent adoption as an extra layer of security is a good idea. ... Read Answer

Recent changes in the law have given parents greater rights that can overcome even natural and legal grandparents' rights. This makes it vastly harder for loving grandparents to develop a relationship with their grandchildren when the parents don't approve. In order to sue for grandparent visitation over the parents' objection, your parents must first be able to prove that that your children would experience substantial harm if they don't have a relationship with your parents. If, for example, your ex and her husband are abusing or neglecting the children, your parents might have an argument that their positive influence and supervision is needed to counterbalance the negative effects of their home environment. Keep in mind, however, that this can be a very hard burden to meet. An experienced Family Law attorney would be able to give more specific advice after hearing all the details of the children's home environment, etc. You may find it beneficial to consult with an attorney who can help your parents negotiate with your ex and her husband for some level of involvement in your children's lives. Are they willing to accept presents? Letters? Should the grandparents avoid certain topics? Can they at least stop by once a year? While parents don't have to have a great reason to keep individuals - even grandparents - away from their children, a skilled negotiator may be able to help them communicate with the parents and perhaps come to an arrangment that will benefit the children without infringing on the parents' rights.... Read Answer

Please do not attempt to gather meaningful insight into this issue through brief questions on a message board.  Consult with an attorney who has experience in Family Court and adoptions.  Every adoption is different.  Even what appears to be a no-contest agreement in the realm of adoptions can have major pitfalls.  Through 18 years of practice and countless adoption cases each one is different.  ... Read Answer

It is advisable to have an attorney represent you through the step-parent adoption process.  There are a number of hurdles that can be challenging to overcome for a person representing herself. To complete the adoption process, the non-custodial, biological parent must relinquish his paternal rights. This means that the non-custodial parent no longer has any legal rights or responsibilities for the child, including child support. The step-parent who adopts the child will thereafter be fully responsible for the child - both financially and legally. To file for step-parent adoption, a number of forms, reports and fees are needed including the following: Complaint, Verification, Consent or Proof of Service, Notice to Natural Parent, Child Abust Clearance, Criminal History Record Information fingerprint background checks and Domestic Violence Registry Check, to name a few. The clearances must be less than 12 months old at the time of the filing of the Complaint. These checks must be performed on the step-parent and on all persons residing in the adoptive applicant's home who are 18 years of age or older, except the natural parent. Adoptions of minor children and adults are filed in Surrogate Court in the county in which you live. Because of the complexity of the adoption process, it is suggested that you obtain an attorney who is familiar with the adoption process. For legal representation you can trust and rely upon for your adoption matter, contact the adoption attorneys at Weinberger Law Group, LLC today for a consultation. Call (888) 888-0919 to schedule a free consultation. You may find the following webpages informative: http://www.weinbergerlawgroup.com/children-parenting/adoption/ http://www.weinbergerlawgroup.com/children-parenting/adoption/step-parents-adoption.aspx http://www.judiciary.state.nj.us/rules/r5-10.html http://www.judiciary.state.nj.us/atlantic/adoption.html https://co.monmouth.nj.us/page.aspx?ID=1762  ... Read Answer

you can initiate a step-parent adoption by your soon-to-be-spouse once you are married.  The 7 year-old's father would have to consent but if he doesn't respond or seem to care, you could get the court to waive the requirement of his consent BUT the guy would have to be noticed/served with paperwork about what was going on. ... Read Answer

Your husband can definitely adopt your children if the proper procedures are followed.  This is a complicated matter since there is a question about the identity of the biological fathers.  You should consult with a local attorney to sort out all of the particulars, and to assist you with getting this matter done expeditiously.  The attorney fee will differ depending on which attorney you consult, and the time involved will depend on the course of action you and your attorney decide to take.  If you live in or around the Triangle, please feel free to contact us to schedule an initial consultation to discuss this matter. ... Read Answer

You need to terminate the bio-father's rights in conjunction with doing a stepparent adoption.  If he has not contacted him or provided any support for him for the last 9 years it should be easy to get the judge to terminate his rights.  You should consult an attorney to discuss the particulars of this since the entire procedure is pretty complicated. ... Read Answer

absent extraordinary circumstances, you are going to need to, at the very least, notify the BF of what is going on.  Additionally, it is likely that he is going to need to consent to the adoption.  You may have a claim of abandonment but in 99% of the cases, the court is going to make you let the guy know that you are claiming he abandoned.    ... Read Answer