Will the courts give me a child I adopted from the parents but the child is in someone else's home?

Question

My husband and I adopted a child from a couple who could not take care of their child. We went through a private adoption after custody was revoked from the person who the child has been with for eight months. She is 1 year old now. We have never seen the child. We go to court soon and the birthparents are coming with us. Our lawyer says their is no reason the judge should not give us to her since the adoption is final. The person the child is with is not married and living with her boyfriend. She can only see her children every other weekend with supervised visits, random drug screens and no males present. The birthparents I do not know very well. We met while my house was being built (the father of the child was a construction worker.) I am very anxious and scared. If someone know anything about judges and courts I would appreciate any insight. Thanks

Answer 1

you know what you could only be septic tanks, thank god it don't quite work like that in this country....................................

Answer 2

Why is the child living with someone else?

Answer 3

Only a judge can finalize an adoption, so I am curious how it became "final" if you haven't been to court yet?

What an odd situation. Usually the adoptive parents have custody when an adoption is finalized. There is no telling what the judge or court will decide seeing as how this is really outside the normal way of things....the child's best interests will definitely come into play, and probably a social worker will be assigned to review everything.

Answer 4

I am a bit confused who is this woman who has the baby now? If the adoption has been finalized then this woman will have to surrender the child to you and your husband. I would not worry about it, if the birthparents are both on board for the adoption and from what you say the papers are already signed

Answer 5

Did you have a home study done and a criminal background check? If not, I would try to get this done and submitted to the judge before the court hearing.

Answer 6

This doesn't sound like the usual adoption case, but usually when a child has been with one caretaker for a long enough period of time the adoptive parents take the child home for a few shorter visits before the transition is made.

The usual process is that a child is place in an adoptive home for a time, and then the adoption is finalized.  That gives everyone involved a chance to make sure all is working out (biological parents, adoptive parents, social workers watching out for the wellbeing of the child, etc.)

The potential problem I'd wonder about is whether or not the judge will be satisified that the adoption process was handled properly.  I can imagine how - if certain things weren't done - a judge may want to make sure they get done.  To the best of my understanding (at least in my state), an adoption is not considered "finalized" until the judge finalizes it.

The judge is going to also want to know that certain procedures were followed in terms of safeguarding the rights of the biological parents.

Normally, is a person has "physical custody" of a child (as a caretaker would), when that physical custody is taken away that means the child is no longer in that person's care.  A caretaker doesn't necessarily have to full custody to have physical custody.

Something I'd wonder about is this:  If the biological mother put the baby in the care of someone who cannot see her own child, I'm wondering if the state could take away the rights of the biological parents because they could possibly have endangered their baby; and I wonder why someone has gone in and taken the baby from the mother who can't have her own children.  On the one hand, I know that unless someone does something to one particular person courts can't always act, but on the other hand, if this girl has been "established" as unfit in general (or a risk to children in general) I'd think the courts may act and take the child away.  That would leave the child in the custody of the state, and you'd have to try to adopt through them.  That's no necessarily a bad thing, but then you'd have to pass their screening process.

Just some thoughts, based on what you've said.

Answer 7

In order for a court to grant you adoption the child must in most cases reside with you for 6 months prior to finalizing the adoption.

Answer 8

something just doesn't sound right.   She was in one home for 8 months...the law says a child must be in foster home or just living away from parents for 15 of the last 22 months before adoption proceddings start. Next, when you adopt in the US, after you have had all your homestudies done and have been aproved to adopt by the state, the child is placed with you for 6 months before the adoption is final. The birth parents rights get terminated before the adoption is terminated and a waiting period is put in place before adoption takes place.

Answer 9

You are not telling us everything here.  It is very confusing.  If you have already adopted this child, she would be with you.  You cannot legally adopt a child that does not live with you.  So, if this couple "gave" you this child, and now you are adopting, then it is entirely up to the state who gets custody of this child.  They may look at the birthparents coming with you a good thing, or a bad thing.

I have worked in the juvenile courts with adoptions for 20 years, and one things I can tell you for sure.  It is totally unpredictable!  Depends on the judge, depends on the mood he/she is in that day.

All you can do is go, stand up for what is best for this child, and live with the decision.

Answer 10

I would think that if the adoption is final, you shouldn't have any trouble with it.  Just follow your lawyer's advice & do everything he says.

Answer 11

i don't know much, but you are now the legal parents if you adopted the child so the case is more than likely going to go in your favour.