Can a birthmom get her child back if she still has parental rights?

Question

if someone is adopted and likes they're new family alot but his birthmom wants him back can she get him back even if the kid wants to stay there? the realmom still has parental rights on him because she didnt want him so she gave him to his birthfather but the birthfather died 2 yrs later so he was put up for adoption, 8 yrs later he was taken from that family(cps) and adopted into a better family who he is still living with(he's12 now) but his realmom wants to take him back. she has been on and off drugs for the past 10 or so years but has quit and gotten a "real job" to be able to get him back. the kid has visited his realmom a few times but she was abuseive most of those visits. to get him back she plans to claim this in court: --according to her the birthfather "stole" the kid away from her, she still has parental rights, then when he died 2 yrs later the child was put up for adoption without her consent.--the claim is not true, theres more to this but im out of space here. thanks

Answer 1

IIICK! What a horrible situation! That poor child. In any case, IF, the birthmother's parental rights have not been relinquished, she still has parental rights, unless proven otherwise. Hopefully, the child is mature enough, and has enough of the "right kind of love" and support to be able to decide himself, or, there is enough evidence of abuse and neglect on her part that someone else can present to prevent another "uprooting", of this boy. I am glad you clarified your "real mom" statement. Many people are not educated enough to realize that the REAL MOM is the one that raises the child, puts her life on hold, takes the backseat, and puts her son or daughter first before anyone, and anything.  It's a step in the right direction, "if" the birthmom is truly dedicated to being clean and responsible, however, I think if she truly was "responsible", she would realize the child is better off where he is, and allow him to make the decision when he is 18 on whether or not he assumes a relationship with her. Life lesson here.

Answer 2

There may be state laws where you are that contradict this, but in my state - once a child is adopted, the birth parents have no rights, period.  It doesn't matter what claims come up after that.

Answer 3

If this "mother" really wants to be a mother, she will leave this poor child alone!!

It is not a child's responsibility to pay over and over and over again for adults mistakes.  It is the adults in or out of this child's life who should bear the brunt of the pain!  

Tuff it up.  Walk away.  Let this little guy heal as best he can.  

THAT is love.  THAT is being a "real" mother.

Answer 4

It all depends on if it was a closed adoption or a open adoption you should talk to your parents and find out their thoughts on this matter.  Make sure you weigh both sides of th situation.

Answer 5

Chances are she cant. If the child was "adopted" then the state has revoked her rights without her permission for reason best for the child. A child cant be adopted by law unless the birth parents have given up all rights to the child. If he was "fostered" then she might still have rights and it should be looked into. Sometimes young parents do this to have the choice in keeping the child or not in years to come. If it turns out she actually has rights then she does have rights to take him back but it will be a process. She cant just walk up to him and take him away. There is a lot of things to consider before she can take him if it turns out she never gave up rights and wants him back. I hope this helps.

Answer 6

If the child was legaling adopted then her legal rights would have either been relinquished by her or severed by a judge. A legal adoption is final.

However, if the other family was just acting as his legal guardians or foster famiy rather then adopting him, then it could be a different story. In that case they would need to hire an attourney, go to court, and have a judge decide what was in the best interest of the child.

Answer 7

Typically, in this situation, it would be more about what was in the best interest of the child, and I don't see going back to the birth mom in the best interest in any way.  If she's been on and off drugs and abusive, then she has no business taking care of a child.  Especaily when the child is already in a good steady home that he is happy in.

Answer 8

the mom should just let him stay and give up. that is awful to take him away from a family that he has been with for a while and then make him live with someone he hardly knows and has bad memories about.

she probably not be able to get him back or atleast i hope not. she made the mistake and she deserves not to take care of this child

Answer 9

If its a legal adoption NO. He could not have been adopted, if the rights were not given up or taken away by the  courts.

It also is probably more selfish and not in the best interest to move that child now. Keeping in touch and even a visit now and then, is one thing that could be considered.

Remember one important thing. Its for the best interest for this child,  to LEAVE the child and family alone.

Answer 10

First, there are a lot of unscrupulous agencies, lawyers and judges who do finalize adoptions in illegal and unethical ways. So there are a number of cases where the biological parents' rights were terminated without just cause. Don't know if that's the case here, obviously.

Second, there's something that doesn't smell right with the way this story has been presented. I don't know which way it's skewed, but it doesn't seem accurate and objective at all.

Third, there's no possible way to give (or get) an intelligent answer to this "question" on a forum like this. There are too many questionable details. None of the facts add up. There are multiple legal issues that may or may not be involved, depending on what really happened and in what state. Maybe the poster just wants sympathy?

Answer 11

I doubt it if you don't want to go and she has past drug issues that reccur.

Honey, if you don't want to you shouldn't have to. I hate seeing kids struggling with adult issues- it isn't fair.

Answer 12

first all the REAL mom is the adopted mother not the biological mother, as an adopted child i take offense to you referring to the bio mom as the REAL mom, anyway, if the child has adoption papers and has been legally adopted no matter who took away the rights the bio mom is out of luck, if the court took away her rights or she gave them up has no difference, the child will stay with it's REAL family, it will not and cannot be overturned

Answer 13

This poor kid.. Not Poor Mom.  Poor child.  While this stupid mother is taking years and years to get her act together this poor child has not been blessed with a stabile home.  All because of a loser mother.  8 years later.  Please!  This child is 12.  So it has taken this idiot 12 years watching her child suffer for her to get a "real job".  

The worst thing that can happen to this poor kid is this mother.

Answer 14

No chances are she will not get him back!  If he was adopted, then she no longer has parental rights!!!   If she loved him at all she would just leave the poor child alone!!!

Answer 15

For the child to be adopted in the first place, she would have had to give up all her parental rights.  Otherwise, the adoption would not have been made legal.

She doesn't stand a chance.  Once adopted, the child is no longer hers.

Answer 16

if the adoption is final then all bio rights have already been terminated...meaning they have no rights.  Adoptions don't take place till all rights are terminated and the legal appeal time has passed.  The courts don't need a bio parents consent if the courts believe they have good reason to terminate rights.  And adoption isn't even considered till child has been away from bio parents for 15 months and the bio parents aren't working towards reunification.

Answer 17

It is unlikely that the birthmother can reclaim this child.

She has not been present in his life in such a long time.

If he had lived with his birth father until that person's death, and then went with another family and then another (adopted twice?) then her parental rights have been removed.  If there was not a formal adoption, then the family he is with now needs to go to court and get some legal authority-however, if CPS placed him with them, they should already have such legal authority.

I think she has little ground for claiming custody.

Answer 18

it doesn't sound like she gave up all her rights. i would say that they will probably ask the child what he wants since he is 12 he can speak for himself. they might give her visitation.

Answer 19

<<he was taken from that family(cps) and adopted into a better family who he is still living with>>

I assume you meant the word 'placed' and not 'adopted'. Once an adoption is finalized, unless fraud is involved, her rights have been removed.

Yes, there is some chance that the mom can get the child back.  However, at 12 years old, I think the judge would listen to the child as well especially if this family wanted to adopt the child, which removes him from the system.

Answer 20

I think it depends on the childs age.  In my state I think at 13 the court takes into consideration where the child says he would rather be as opposed to his dumb ***** "mom" who gave up her rights not giving a c**p about what this will do to him emotionally trying to get him back!  It really makes me mad when I hear stories like this!  How selfish could you be.  In my opinion if she were really concerned about her child then she would just let him be with the family, and be allowed to visit with him.  Not take him just cause she's ready.  What about him?  who gives a **** about her.  He should be the one that matters in this situation!

Answer 21

you can't adopt a baby with a parent still having parental rights......this would mean that any child could be adopted regardless of any parental say

she can't get him back

by no means am i an expert, however, i have adopted a child and no parental rights remain with the birth parents

Answer 22

There would not be a finalized adoption unless the firstmothers rights had been terminated.  So, either there was no adoption or her rights were terminated without her knowledge.

For more information on termination of parental rights, check out: http://encyclopedia.adoption.com/entry/t...

Answer 23

The birth mother has a very small chance of getting him back.

Answer 24

that adoption cant be official both parents had to give up there rights r u sure its not long term fosterhome

Answer 25

If the child was placed for adoption, the parental rights of the biological parent(s) are terminated.  The biological mother has no legal recourse in getting custody of the child.  Then again if the child was only placed as a foster child, there still may be a chance of her regaining custody, but usually there is a time limit and a list of things the bio parent(s) has to do eg rehab, get a job, stay clean, etc.. In TX they have a year to "clean up their act".  She will have to go in front of a judge and prove to them that she is stable, clean , etc...  but it is not a one time deal. She will get  caseworker she will have to report to and go from there.

Answer 26

If the child was adopted legally, then the birth mom's rights were terminated by the courts.  It would be extremely hard to get the termination vacated (reversed) after all this time.  

If Birth mom's rights were not terminated and there was no legal adoption, she would have to prove she was able to care for her child.  The child would NOT just be handed over.  Since the child is now 12, the judge would take the child's desires into account when making a decision about returning the child.  

If the child has a caseworker, or a law guardian, or even a teacher or other adult that he trusts, he should talk to that adult so the adult can advocate for him.

Answer 27

Her parental rights may have been terminated without her consent.  But if they were not, she probably will be able to fight for custody.  You need to check with the people who handled the adoption in the first place.  They should have a record of something terminating the parental rights.

Answer 28

I would think if he is adopted her rights are gone even if she doesn't think they are

Answer 29

The child is adopted and happy, leave him alone and wait till he is ready to find you.  It will cause for less pain for everyone involved.