Can a mother sending her child to live with relatives hurt her in a adoption case?

Question

The father of the child is abusive and has tried to take the child out of school once. The child was taken out of school but now the child is starting kindegarten and can't be kept from school and home schooling is not an option, also the child did have a restraining order against him but the order has expired. They are trying to get the child adopted by the new stepfather without the fathers consent but is a long process. Would it hurt the process (if the adoption if faught in some way) in the long run if the child was sent to live with relatives to go to school? The child would still have very regular visits with the mother and family but we want to make sure the father can not find her and try to take her from school again. This was a nasty seperation and the father is a drug user and abusive so no visitation is prefered thats why the adoption is being saught.

Answer 1

It might be best for the child write out letters and have them notorized by someone with a stamp by the relatives and well actually all parties that it is ok for these relatives have the child put in the paperwork something about how the father is abusive and everyone is worried about the saftey of the child.good luck.

Answer 2

Yes, it would likely have an effect on the judges decision, reasoning that the mother could not protect the child.

How about if they ALL move to a safer location where the child and the entire family is safe from this man?

And, FYI, the birthfather's rights cannot be terminated without his consent or knowledge.  He can sign voluntarily, or he can ignore the serve and have his rights terminated.  Hopefully there is a good attorney overseeing this process, otherwise this is the kind of unfortunate situation I have see many times, where the birthfather's rights were not protected, and he comes back and files a lawsuit and gets custody of the child due to his rights not being fully protected!  These cases, unfortunately, are rarely about the best interest of the child. Be very, very careful!

Answer 3

I wouldn't think it would hurt the process because of the reasoning behind the arrangements. It shows that you are looking out for the child's best interests and that you are willing to do anything to protect her from her birth father. I think that this would look really good in the courts; but perhaps you should re-new that restraining order to show you mean business, it would make a huge statement.

But Seeing the answer above me I would seriously seek out THE BEST attorney your money can buy to fight for you and this child. Because of his past he might have less rights than you think, but knowing nothing about this I can't be sure. I am going by how I would personally rule as a judge in this delicate situation.

Answer 4

hmm, sorry, can't answer your actual question, but i would check to make sure that it wouldn't be considered any kind of violation   of your separation agreement if you "hide" the child from the father.  if the restraining order is no longer active, and there is nothing legal against the father visiting, he may still have the legal right to see his child and know where his child is, so moving the child so that the father doesn't know where she is may be held against you. can you renew the restraining order?

I would DEFINITELY check with a lawyer for something this important.

good luck.

by the way, if father DOESN'T have any legal rights to have the child, you should notify the school of that, and that they are responsible to NOT RELEASE THE CHILD to anyone except approved adults (ie, you or police).

Answer 5

I am sorry but I would say that it would be a big yes to it hurting the chances at lest in my state it would.

see in my state if you get a restraining order for demotic violence they can use that Aguste you so i would think that your sending the children away for there safety would be a big concern to the agency to. as you can not keep the child you have safe why would they think that you could with a another child?

Answer 6

Yes I am sure it would have an effect on the adoption.  Not only that what about the child's feelings about not living with her mother????  The mother needs to make sure that the school, the principal, the office staff, the teacher, everyone knows that only she is allowed to pick the child up.  As for the adoption you will need to meet with a lawyer to terminate his rights.  The mom should keep a log of everything the bio father has done (dates, times, what happened etc.)