Washington Recent Legal Answers from Lawyers

Generally, an adoption can be reversed after it has been finalized by petition to the court by either the birth or the adoptive parents. The laws about when this can be done and the circumstances required for the court to allow a reversal (usually called a vacation or annulment) of the adoption are quite strict. If an adoption is reversed, the adoptee's (child's) birth certificate will be changed back to the way it originally read. Usually the courts will look at the best interest of the child meaning, the court will revoke consent if the court finds that the child?s best interests are not served by the adoption.... Read Answer

Typically, when a person, without good cause, shall abandon his or her spouse, and refuse or neglect to maintain and provide for him or her, the circuit court, on his or her petition for that purpose, shall order and adjudge such support and maintenance to be provided and paid by such person for the spouse and the spouse's children, or any of them, by that marriage, out of his property, and for such time as the nature of the case and the circumstances of the parties shall require, and compel the person to give security for such maintenance, and from time to time make such further orders touching the same as shall be just, and enforce such judgment by execution, sequestration of property, or by such other lawful means as are in accordance with the practice of the court; and as long as said maintenance is continued, the person shall not be charged with the spouse's debts, contracted after the judgment for such maintenance.... Read Answer

Generally a DNA test would be a way to determine who a biological parent is. It may be difficult for one to use the law in order to find out this information. In regard to parental claim, In Missouri a minor can become emancipated from a parent or legal guardian in one of three ways: 1. Your parents give their express consent to the court to terminate their parental rights; 2. Your parents give their implied consent by permitting you to live on your own, support yourself, and have already effectively given up their parental rights; or 3. You have married or enlisted in the military. Emancipation is typically not available to minors under the age of sixteen. As a practical matter. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.... Read Answer

The child is not legally yours until you have established a parenting plan if you were not married to the mother. Therefore you should file a petition to establish the parenting plan. It's not at all clear that the person who currently has the child was appointed by the court or just given the child by the mother.... Read Answer

What you are seeking is called equitable relief, i.e. any relief other than monetary damages.  I don't know about small claims courts in Washington, but many small claims courts do not have jurisdiction to award equitable relief, so that you would either have to sue in another court, or, if you want to stay in small claims court, sue for the value of the sandrail rather than its return.  You should speak to the clerk of the small claims court to learn your options.... Read Answer

Generally, a parent cannot give up or sign over their parental rights to their own child unless a legal adoption has taken place and both parents were parties to the legal action. In Missouri, a biological father or mother can usually file a paternity action in order to have a custody order in place. Unmarried fathers in Missouri usually need to file a paternity action to ensure their custody rights are protected. Free paternity testing may be obtained through Family Support Division.... Read Answer

Yes. Both parties have to agree to a continuance or you or your attorney have to be there. Get an attorney and have her/him show up and get the continuance based on your inability to work with him/her because of your medical condition. Then after the baby is born, you can address the issue. It's also quite possible for you to work with the attorney on a response, in which case you don't have to be in court; the attorney can be there.... Read Answer

Unless you had a court order giving you custody, CPS was free to take the child. It sounds like all you had was something from the parents, which is worth little more than the paper it's written on. You don't say why there was an investigation in the first place. You could go to court to ask for third party custody based on the fact that the child was with you for 5 years. This is what should have happened in the first place. In addition, there is the fact that family care providers are preferred under the law.... Read Answer

No. Only a court can take them away or he can voluntarily relinquish is the context of an adoption. Once you get remarried, if your new husband wants to adopt them, he can file a petition for adoption and the relinquishment would be part of the process. At that point, the father's duty of support would end. Until then, if he doesn't want to see the kids, don't worry about it. It gives the court more reason to take away his parental rights. Meanwhile, you should still be getting child support.... Read Answer

Generally, the best group you would want to reach out to for this is the Family Support Division. The Family Support Division can help you or your family with food stamps, health care, child care, child support, and other needs. Here is a link to their page https://dss.mo.gov/fsd/ Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer