Adoptions Legal Questions

Do you have plans on getting married to your boyfriend?  Step-parent adoptions are very common and easy to accomplish but you and your BF are not married so he is not a step-parent.    Assuming you and your BF do get married, will your boy's bio-father agree to the adoption.  That is the key to a simple and inexpensive step-parent adoption.   M. Miller ... Read More

Are you asking to undo the adoption?  If so, that would have to be in the Court that did the original adoption.  Very hard to do, in most cases. If you want someone else to adopt, you can proceed in Florida, assuming you and the child live in Florida.   Mark Miller - Adoption Attorney - Jacksonville, Florida - 904-390-1970    ... Read More

It can be done but you will likley need an attorney to get you there.  A lot depends on if the bio-dad is in agreement.  That is the key.  If he is agreement it can be done quickly and not too expensively.  If he is not in agreement, it can get pretty expensive and your ability to see the adoption through to the end can get complicated if bio-dad is not in agreement. Mark Miller - adoption attorney - 904-390-1970  ... Read More

Generally speaking, your wife's adoption of the boys will not affect their entitlement to SS death benefits.  Keep in mind, once the adoption is finalized, it is legally as if your current wife is and has always been their mother and a new birth certificate would say so.  If you two ever broke up, all family law rules would apply, so be sure your marriage is on solid ground.    Mark Miller - adoption attorney - Jacksonville, Florida 904-390-1970.... Read More

You can but you will likely need an experienced adoption attorney to help you.  The Court can find that he is unreasonably withholding his consent and proceed with the adoption but the facts have to be just right. There are some aspects that may make it tempting for the bio-dad to not object but these need to handled by an attorney who has gone down this road. It is not easy but it can be done.   A lot depends on the bio-dad's desire to fight or agree to the adoption. M. Miller 904-390-1970... Read More

If the biological father refuses to consent to the adoption, the court will have to determine if the father has proven he has the requisite relationship to your son to prevent the adoption form occurring. This is a fact dependent inquiry, where unless the father had "substantial and continuous or repeated contact, his consent to the adoption will not be required. You should consult with counsel. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More

You will have a difficult path toward guardianship, let alone adoption. You would have to petrition a court and demonstrate that the mother abandoned the child for four years. While not impossible, the longer you wait in getting into court, the more time the mother, who has rights as the 'natural guardian', can assert control over the child and try to prove she is a 'fit' mother. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More

I think this can be by agreement of the parties outside of the adoption, which would make it easier to stop the visitation if it proves to be harmful to the children.  Grandparents have very limited rights in New  Jersey.  If your client is willing to allow the grandparent to visit, then your client can set the terms of the visitation or can say there will be no visitation.  I don't believe that has to be part of the adoption.  ... Read More

The answer is no.  When you adopt a child it is as if that child was born to you and the biological father does not exist.  When you adopted the child the biological father's rights were forever terminated and you are standing in his place.  Adoptions are final and you cannot go back later and ask the biological father for anything.  The child is yours now and forever no matter what!... Read More

The father has rights to his child.  However, if both mother and father relinquish their rights then you could adopt (if you are fit and proper and it would be in the child's best interest)  The father's rights can be terminated if he fails to visit within a 6 month period or fails to pay child support for a 6 month period.  However, he can still contest the termination and the adoption.  In that case the judge may go ahead terminate his rights or the judge may give him a chance to step up to the plate and be a father.  I also note that although he has a criminal background, it usually has to be rather serious crimes to terminate his rights based on crimes he has committed.... Read More

are in you Florida and if so, what part?  The easiest way to do a step-parent adoption is by consent.  That is the cheapest way, as well.  You'll likely need an attorney to navigate the process.  Unless he agrees, it won't be easy or cheap even though his rights will likely be terminated in the end.... Read More

it sounds like you have a good case to show you signed under duress.  However, you better run to the Courthouse and make sure you let everyone know what happened.  Don't wait until it is too late.  If your rights have not already been terminated, you might be able to ask the Court to appoint an attorney.    ... Read More

Without knowing more, I would have to say you might have some problems with a legal document signed 12 years ago.  I am not saying they are not valid but the birth father could sure put up a decent fight.  there is a very good argument that the paperwork was valid back then and is still valid now.  and yes, the cost to get it accomplished now would still be prohibitive.  Do you know if your attorney filed anything with the courthouse before he died?   ... Read More

First of all let me make it clear that I am a S.C. board certifed internist and attorney, and my answer is not to be taken as establishing a lawyer/client relationship.  In S.C. you would need to prove to the family court that the child was adopted by fraud by  the preponderance of the evidence.  Being under the influence of prescription pain pills may not constitute fraud, unless your attorney can prove fraud in the inducement or duress in signing away your parental rights.  Perponderance of the evidence means that it is more likely then not that fraud was incolved.  You do have rights, but you will need a good family law attorney to exercise those rights.  This is not the same standard as criminal fraud which must be proven beyond a reasonable doubt in S.C.  I hope this helps as my heart goes out to you. Michael G. Sribnick, M.D., J.D. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

yes, adult adoptions are relatively simple in Florida.  Would your step-mom be willing to come to florida for the final hearing?  If not, that is ok too, she can appear by phone. the only requirement that you need for the adoption is to let your biological parents of the hearing date, if they are still alive. If you don't know where your biological parents are at this time, it gets a little bit trickier but still doable.   Mark R. Miller  ... Read More

it is unlikely the Judge will change his mind but if the Mom appeals, that is a different story.   I suspect that it was not sent to your attorney because your attorney's job was completed when the adoption was granted.  Make sure you let him/her know what you gotten.  Make sure you hire an attorney who has gone through this before.  This is a highly specialized area of law and you must have experience behind you.  ... Read More

it may be too late.  You say the adoption is already finalized?  How long has it been?  They would have needed to contact you about the adoption proceeding and if they told the judge they didn't know where you were And they did know where you were, you may be able to fight the adoption on the grounds of fraud.  IF you know the case number and the judge, you can write the Judge a letter saying that you just found out that the child has been adopted and they must have lied, it is possible the judge will appoint an attorney to represent you, but you have to ask.  ... Read More