Question about adoption.....?

Question

My mother currently has what I believe to be temporary full custody of my 7 year old son. She has expressed several times that she wants to adopt him and change his name. This is something that I would never let her do, however, she says she doesn't need my permission to do it. Is that true? Can she adopt my son without me having any say so in the matter?

Answer 1

As far as I know, she can't adopt him without your permission unless your parental rights are severed (either by you or the state).

Get an attorney who will help you out on this.

Answer 2

Yes, she can!  If you have papers which say she has custody, or that she is a Guardian, she can allege that you have not been in your son's life for a year, and may get full custody if she does not have it already.

What did you sign?  What did the state do, remove him from you and give him to your Mom?

If the birthfather is not involved, he could step forward at any time.

Basically, you need to know for certain what papers you have.  Take a copy of them to an attorney -- and this is VERY important --- who specializes in adoptions!  One who does at least 30 a year!

It does vary state to state, so it is impossible to say not knowing what kind of custody your mother has.

Most important thing -- lead your life like you have your son!  Not boyfriend after boyfriend, no drugs, no alcohol or partying.  Get and keep a stable appropriate job (no dancing in clubs!), a good stable home (safe and clean), and lead a stable life.

No matter what, this will lead you to a better chance of getting custody of your son, or being able to visit him should she get custody.

Good luck!

Answer 3

It depends on what your situation is right now. If you don't have a steady job right now or if the father is not taking care for you both. Yuh mom can't tell yuh that she wants to take custody of that child, she is wrong(although they parents are always right). Doh let she do that! But just inquisitive are you going to give your child up for adoption?

Answer 4

My advice to you would be dont sign ANY papers until you let a lawyer or legal aid read them first, I have heard of people signing their child away by being told they were signing something else.

Answer 5

If there is no reason for the state to terminate your parental rights then she can't adopt your son.  Even if the state becomes involved (which some grandparents instigate to gain control) there is a process they will go through to determine if you are a fit parent and even if they take issue with your parenting skills, provided you don't want to relinquish your legal rights as a parent, then they will provide a plan that you will have to follow (such as parenting classes, providing a home for you and child etc.) to maintain parental rights.  States do not normally move to dissolve parental rights unless the circumstanes are extreme.  They tend to work with the parents to make a suitable situation for the child and his/her parents.

Even if you are broke and she has all the money in the world most states advocate for the biological parents and child remaining in a legal relationship.

If she were to adopt your son however she is the legal parent at that point and yes she can legally change his name.

Answer 6

I don't know exactly how things work in your state, but based on how they work here, here's my input:

I don't think so.  Have your parental rights been terminated? If not, I don't think that there's any way for her to do it without your permission.

Has the baby's other parent given up parental rights (or had them terminated)? Again, unless the biological parents have had their rights terminated (or are deceased), a child would not be able to be adopted unless the biological parents agree to it.

She probably could appeal to the courts to request this.  If you contest it, you would probably have a hearing (probably several) and there would be a lot of legal loopholes for her to jump through.  Most likely, they would have to prove that both of the biological parents are unfit and terminate their rights.  The longer that she retains custody of him, though, the more strength her case might hold.  If you plan to regain custody in the future, you should begin working toward that now.  Be consistent with your visitation schedule if you have one.

The courts are very concerned about a parent having stable employment, safe and stable housing, no ongoing addictions or legal problems, and a commitment to meet the child's needs (physical, educational, medical and emotional).

If you are concerned, you should contact your local child services department or a lawyer.  Children's services will often work with you to help you meet the goals for reunification.  

Best wishes for your family.

Answer 7

No, you would have to sign over your rights to him.

Answer 8

As long as you keep fighting and are doing the right things you should be ok. In florida my childern are with their grandparents, due to me giving them up temp. for many differnt things. This started in May of this year in my state i work with Daniel Memorial on a case plan and i was apointed a attorney..I have been threatened to lose custody, but i found out that i have 1 yr to work my case plan and then i will get my 4 childern back.. Don't give up and good luck...

Answer 9

why does your mother have custody and the fact that your not sure well if my mother had either one of my children i would know what type of custody she had. do you not care about your child. maybe he is better off with her. but anyways no you would have to sign off your rights as a parent, unless you go to jail then she we be able

Answer 10

As long as you are "getting your life together" in the way you are, it's unlikely a judge would terminate your parental rights completely, without your consent.  I'd really be surprised.  Society places extreme value on the rights of birthparents.