Are adoption records sealed from Judges also?

Question

My sister is now pregnant. The baby's father is threatening to get custody of the baby and plans to use the fact that my sister gave a baby up for adoption years ago to win his case. Can he do this? If he does go to court, can the judge open an adoption record or is it closed forever?

Answer 1

Weather or not she gave a child up will have no bearing on the case.  Even if the child was taken way from her, it would have not bearing on the present child in this case. She does need a lawyer though, sounds like he plans to be in the childs life

Answer 2

Let the father try to use that against your sister in court, and he will only look like a "donkey".  

The ONLY thing that will matter in determining who gets custody of this child is who is better able to care for the child-emotionally, financially, and physically.

As for the adoption records, the judge could probably obtain them if it was necessary but I do not see how that adoption would relate to this case.  ONLY if the child was adopted out against the Mother's will (for instance, having been taken into protective services and then adopted after termination of parental rights) would it matter.

Answer 3

That will have NOTHING to do with the case. The fact that she took responsibility and put the baby up for adoption is going to speak louder than his insistance on custody.

If her adoption was open, then the records will be available. It was a closed adoption, then the records will be closed to everyone.

Answer 4

Let him....What she did was in the best interest for that child at that time....so it just goes to prove to judge that she'll do whats best for the child.... other than that it doesn't have anything to do with this case.....

Answer 5

First of all, they will not look down on your sister for giving a child up for adoption.  Obviously at the time she was unable to care for it, so wanted the child to have a happy and healthy life.  Second of all, good luck to the ex if he is going to use that as a fighting tool.  Unless he can prove your sister is an unfit mother, they will proabably grant joint custody to both parents.  And thirdly yes a judge can look at the adoption records, but it dont matter because that is a totally didferent case right there.  I would be surprised if the ex can even use that as leverage at all.  Just because she gave one child up for adoption doesnt make her a bad person......she just gave that child the chance to have a happy and healthy life.  is that so wrong?  No i think not.  Tell your sister to just stay on the sraight and narrow and the ex can do nothing to her.

Answer 6

Why in the world does he think that your sister placing a baby for adoption years ago is a mark against her??!  It is to her credit that she was able to make a mature and self-less decision such as adoption!

This will not go against her.  This is a very common tactic.  Adoption is considered to be responsible and caring, and shows planning and thought --  all in an effort to consider the best interest of the child.  What would go against her would be for her to have tried to parent a child she was not prepared to parent, let anyone and his brother babysit, live off welfare, live pillar to post, have Protective Services referrals, etc.

Unless the judge is just plain wacko (it is possible), then this will in no way have ANY relevance to her current situation.

But, yes, Judges can access those records.  But I cannot see a judge finding this to have a bearing on the custody case!

Good luck to her!!

Answer 7

The records are sealed to everyone typically.  What might be worrisome is if the reasons why she relinquished her rights were involuntary.  If there was a cps type record declaring her unfit, then that would be a plausible reason to be concerned.  Otherwise, it will just be uncomfortable if he does go to court using that reason.

Hopefully she will be able to come to some sort of agreement with the father of her baby so that the baby doesn't lose out on that relationship.

Answer 8

if he does not sign away his parental rights then he can go and get the baby back after paternity is established. tell your sister to keep her legs closed and she wouldn't have to worry about this anymore