Legal Question in Family Law in California

Felon wants to adopt: will it be allowed or should I stop hoping?

I desire to adopt a child. I am married with a child

from a previous marriage. We are a happy family with

a stable income-not wealthy, not poor. Here's the

problem: When I was a divorced mother I committed

welfare fraud. Last year it was discovered and I was

charged with a felony for plagiarism. I went to jail

for 2 days, did community service and am now on

write-in probation for five years or until they decide

to cancel it. I have a child in mind already, but am

afraid to get my hopes up. Will I have any chance at

being able to adopt? what about becoming a foster

parent? could I do that? A prompt response is most

appreciated, as time is of essence


Asked on 1/09/00, 11:20 pm

2 Answers from Attorneys

Michael Gray Barber & Gray, LLP

Re: Felon wants to adopt: will it be allowed or should I stop hoping?

Your criminal history will not automatically disqualify you.

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Answered on 1/18/00, 5:31 pm
John A. Giffen Law Offices of John A. Giffen

Re: Felon wants to adopt: will it be allowed or should I stop hoping?

To adopt you will have to have a criminal background check done. That will show your felony conviction. It is in the courts discretion to allow the adoption if it is in the childs best interest. If you have someone place a child with you, you would probably be ok. Most Judges will ask for an explantion of the charge and determine if you have learned your lesson. The further back the conviction the better. Since it is not child abuse or sexual abuse, the main thing hurting you is the recentness of the conviction. Keep yourself straight and you will prevail. Get a good attorney.

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Answered on 6/15/00, 2:39 am


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