I am her legal guardian for over a year already. I am single. She is 4 years old. Her biological parents do not see her or frequent her at all. They both are willing to sign the papers so that I can adopt her.
You will need to file an adoption petition, terminate parental rights, and complete a home study to adopt your niece. As both parents are willing to consent and this is relative adoption, the social worker assigned to your adoption can take their consents. If your guardianship was through a dependency action (where the child was removed by social services) the same court can do the adoption and the home study and the adoption should not cost you. If the guardianship was done through probate, you will need to file the adoption in family court. The home study is expensive but there are ways to reduce the fees.See question
My wife has a son from a previous relationship. The kid is 3yrs and 6months now. The biological father is not in the birth certificate and has not been around ever since the child was born. I started dating my wife when the child was 5 months old ...
With all adoptions of minor children, notice must be given or attempted to the biological parent. So, you may proceed with a stepparent adoption, but you must notice the biological father if he can be found.See question
I have no children and widowed
Yes, as long as you and the young woman to be adopted both consent, you may complete an adult adoption. In Orange County, you will need to prepare the forms to be filed with the court. There is a $20 filing fee and the adoption should be finalized within 3-4 months of filing the adoption request.See question
My child is in special education and is just starting in this system. We have never been in agreement with the placement the school district has decided and have always contested it, so we had an arrangement in play that was only temporary . Now, ...
Stay put is implemented when due process has been filed and the stay put placement is the last consented to IEP. If you never consented to an IEP, there is no stay put placement, You could make an argument stay put is the last agreed upon placement, which is the temporary placement you and the district agreed to. However, if you never consented to an IEP, this really will not likely be resolved until you reach a mutual agreement or prevail at a due process hearing. You may be able to ask for and independent education evaluation (IEE) if you disagree with the district's assessments. You also may give the district ten day notice you intend to unilaterally place your child in a non-public school and seek reimbursement from the district. Then if you succeed at the due process hearing, you may be entitled to reimbursement, You will need an experienced special education lawyer to assist you with a due process case as it is a complicated and specialized area of law. Good luck.See question
I was unable to have children so my husband and I asked a mutual friend if they would act as surrogate. The friend said yes and we had a healthy baby girl. Our daughter is now 11. The mutual friend has been extremely active in our daughter's life,...
Yes, in California, the law allows for more than two parents. So your friend could file a third parent adoption and both you and your husband would retain your parental rights. However, your friend cannot do a step-parent adoption because she is not married to a birth parent. A stepparent adoption is available for a step-parent adopting the child of his or her spouse. Also, step parent adoptions do require a home investigation, which is less expensive and less comprehensive than other adoptions. Your friend would have to complete a full home study. There are ways to save money by getting a pre-certified home study. You also possibly could file a maternity action so she could be a third parent, depending on the facts.See question
I'm 21 years old and I grew up with my biological mother and my stepfather. They didnt get offically married so my stepdad and I arent legally related. However, he has stated that he would like me to adopt me so that I could take on his last name....
Yes, your stepfather may adopt you as an adult. It requires an agreement and filing an adult adoption petition in court. Depending on the county you reside in, there may be court forms you can use to file the adoption yourself. Otherwise, you will need a lawyer to draw up the petition and agreement. There is no requirement for a home study or consent by your birthparents. However, if you or your stepfather are married, you will need to file spousal consents. Congratulations. Adult adoption are very special.See question
My father re married here in the US but definitely not divorced in our country (Philippines). For over 40 yrs we do not get in touch with my father but come 1992 he petitioned me and 2009 brought me here in US as a legal immigrant. During those 4...
This is not an adoption issue, As the biological child, you have the same rights to inheritance as any adopted child. You should seek the assistance of an estate planning attorney.See question
In short I adopted my son by myself 8 years ago. My boyfriend would like to adopt him and be added to his BC what do we need to do? We are not planning to get married until 2018 but we want this done now.
Yes, your boyfriend can adopt your son now with your consent and an approved home study. A step-parent adoption is less expensive and there is an easier home study. So waiting until after you marriage would save you money, but not necessarily time. Both take approximately a year to finalize.See question
The parents are separated and willing to sign their rights away. They would like me to adopt their child. What is involved?
For a relative adoption, the basics include a home study, an adoption petition, and documents related to possible Indian heritage. Other issues that need to be addressed are whether your cousin wants to waive her 30 day revocation period - the time California law allows birth parents to revoke their consent to the adoption. She would need her own lawyer to advise her on that waiver. Depending on the level of family relationship, either an adoption service provider or a social worker from the California Department of Social Services can take the birth parent consents. If she lives out of state there are additional requirements for which you will need to hire a lawyer, possibly in both states. I recommend you consult with an experienced adoption attorney to discuss all of the facts, potential issues, and procedures in your county.See question
So I have been raising my daughter since birth but I am not her biological parent. I am married to her Mom. Her bio father has nothing to do with her and will gladly sign off. I live in L.A. County. How involved is this? Just want to know the basi...
The cost of a step parent adoption are significantly less than other adoptions, and court fees (filing and investigation fees) should be less than $800.00. If the bio father is willing to sign the necessary paperwork, you may not need a lawyer. Although I advise you at least consult with a lawyer to make sure everything is done correctly. Your daughter will need to know about the adoption. She will have to appear at the adoption finalization hearing and if she is over 12, she needs to consent. The basic timeline is 6-12 months from the time of filing to finalization.See question