Adoptions Legal Questions

If in fact the biological father is not on your child's birth certificate, no order of affiliation has been entered by a court and no man has acknowledged paternity, the issue is not complicated.  The adoption  by your husband can be sought rather easily.  However, if a man is named on any of the above mentioned  documents then the issue must be taken up by an  application to terminate the biological's father parental rights.     Ava Gutfriend The Law Office of Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read Answer

Ms. Johnson: The father of your child's parental rights needs to be terminated in order for your husband to adopt your child. The termination can be heard in family court by the filing of a petition to terminated his rights or by an application for surrender of such rights. If the biological father consents to the termination, that of course makes the termination a great deal simpler.  I hope the answer was of assistance.    Ava Gutfriend Law office of Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read Answer

If in fact the father of your child is willing to have your fiance adopt your daughter, the matter can be handled by an experienced attorney who practices regularly in family court.  The father of your child's parental rights must be terminated either by a surrender  or a hearing to terminate his parental rights before he may adopt.  Your question reveals facts that suggest a surrender may be  the option.   Ava Gutfriend Law Office of Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read Answer

You married a man who had a 7 year old daughter who was born in Canada. The mother of the child is now deceased.  The child is now 20. You want to adopt.  You live in Canada for the majority of the year. Does she live with you still and come to Florida with you every year?    ... Read Answer

All property acquired DURING marriage will be looked at, initially, as community property, which means that you and your husband will own it as a unit.  Exceptions to this general community property rule are things that you acquire before marriage (as well, as after separation, or by gift or inheritance).  If you own a house before marriage, it is your separate property.  You should never put it into your husband's name.  However, be aware that once you marry, if you use your earnings or your spouse's earnings accumulated during marriage (which are community property and thus owned by the two of you as a unit), then the community (you two, as a unit) will start acquiring an interest in your home.  Therefore, if you want to keep the separate property aspect of your home, you must use separate property funds (those that are from a separate property source, i.e., from before marriage, gift or inheritance) to make the payments.     Another option is to have a pre-marital agreement prepared, which states that, despite the fact that community property earnings are going to be applied to the home, if you divorce, the house will be confirmed to you as your separate property.... Read Answer

Not sure about Ohio, so you'll need to speak to Ohio adoption attorney, but in most states you would have to allege fraud or duress saying that your consent was wrongfully obtained.  Also, be mindful that some states have time limits to raise this issue, so move quickly.  Typically speaking, having regrets and being more stable is not a legal reason to undo an adoption.... Read Answer

About DCF taking them or putting one of them in car seat?  If it is about the car seat, I don't think there is much you can do.  True, they should have had a car seat but if they made the decision to remove the child, they will probably say the danger of letting the child stay there was greater than the danger of putting the child in a car without a carseat.... Read Answer

generically speaking, the husband is the legal father of the child.  There are different rules in different states on the husband's child support of the child if another man's name is on the birth certificate.  The fact that child not mentioned in divorce paperwork is going to be a problem at some point.  Welfare dept. will probably go after the husband but he will probably file a motion to disestablish paternity and if he wins, they will go after your son.  Generally speaking.  You need to talk to an attorney in the state where the mom and child now live.  ... Read Answer

He can petition the Court in the County where he was legally adopted to have a judge review his sealed file to see if there is any records that would shed light on any health risks.  This motion can be called different things but I would use a Motion for In Camera Unsealing of Sealed Adoption File for Health Reasons. If there are any records in the file that might be relevant to his search, those documents would be provided to him in redacted form. MRM... Read Answer

You need to make an application to the court detailing the things that make the environment that your son is living in unsafe.  You also need to document all of the things that you have done to address any substance abuse issues you and your fiance were or are dealing with.  the court is not going to immediately transfer custody.  The court will look for compliance with all programs, and then allow supervised visitation, unsupervised, then overnights.  Its a gradual process.  Good Luck.... Read Answer

Please consult with an attorney in your area who does family law.  There are very technical requirements that you have to follow in order to legally terminate the Father's rights to your child and allow your current husband to adopt. It is definitely advisable for you to retain an attorney to help guide you through the process.... Read Answer

IF her parents are willing, and will sign consents, if you can have her visit and stay with you, then a proceeding can be brought in your local court for adoption. You should consult with counsel who can advise as to the costs. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read Answer

I would suggest contacting Southern Arizona Legal Aide (if in Southern AZ) or Community Legal Services (if in Metro Phoenix or northern AZ) for help.  A google search will get their website and contact information. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*... Read Answer

Your best bet is to file a Petition for Custody by a non-parent in the Arizona Superior Court, Family Division. Since you have cared for her for 2 years, you have acted like her parent, and therefore can show that you stand "in loco parentis" to her parents.  In order for you to get full legal and physical custody, you will need to show that her parents are unfit to care for the child. There is a presumption that the child is best parented by her biological parents, therefore you will need to show that they cannot care for their daughter.  With the custody papers you can also ask that the parents be require to pay child support to you. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*... Read Answer