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3 Bumps

Contested Adoption

In the state of KY, how likely is it a judge would remove a child from the home of A-Parents at 2 years old?

PLEASE NO ADOPTION BASHERS

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Anonymous

Asked by Anonymous at 2:28 AM on Mar. 12, 2011 in Adoption

Answers (14)
  • We need more information. But common sense says there has to be a valid legal reason.
    2murphyboys

    Answer by 2murphyboys at 2:41 AM on Mar. 12, 2011

  • Adoption has never been finalized because he contested, but then waited for a year to do anything legally. No paternity has even been established. In fact, we're hoping he's denied that right since he waited so long. He's never seen her and so, no relationships ever been established between them.
    Anonymous

    Comment by Anonymous (original poster) at 2:55 AM on Mar. 12, 2011

  • Link to Kentuky adoption laws: http://laws.adoption.com/statutes/kentucky-laws,3.html¬†as per adoption.com


    Aparents are not immune to CPS and CPS can remove the child for the same reasons as they would be removed from any parent. However, the child would not be automatically returned to the birth parents since they are legal strangers.


    onethentwins

    Answer by onethentwins at 3:01 AM on Mar. 12, 2011

  • If you are talking about birth parents regaining custody of the child, those cases are very rare. Usually it involves the birth father disputing the legality of the adoption. Some famous cases http://en.wikipedia.org/wiki/Baby_Jessica_case and http://en.wikipedia.org/wiki/Baby_Richard_case Since those cases adoption laws have been tightened to make birth father rights less. If the birth father signed the "putative father registry" he may have a case.
    onethentwins

    Answer by onethentwins at 3:02 AM on Mar. 12, 2011

  • A recent case involving a father regaining custody of his child is http://thinkingoutloudcafe.wordpress.com/2010/10/09/timeline-in-the-vaughn-wyrembek-adoption-custody-case/

    Some more information would be helpful to answer your question. In brief it is highly unlikely.


    onethentwins

    Answer by onethentwins at 3:02 AM on Mar. 12, 2011

  • prove the birth mom deliberately lied to him. But again he would have to have proof. As well as because so much time has lapsed he would have to prove he can parent better and provide for our child's needs better than what is being done at present time. That is all depending on if he can even get a court order for DNA testing. This came from our attorney. Time does help. And we were also told should a person claim to be his father to not talk to him or acknowledge him in anyway. To let the lawyers handle it.
    frogdawg

    Answer by frogdawg at 1:16 PM on Mar. 12, 2011

  • Agree with OTT, IF he signed the Putatative Father Registry, it is a good possiblity, simply by default. Meaning he was not given a chance to have a say in his childs adoption. Also agree without knowing anymore than you have provided, too difficult to give an opinion. I am sure you have already been adviced by an attorney though. Luck...we can all use it,CJ
    ceejay1

    Answer by ceejay1 at 3:59 PM on Mar. 12, 2011

  • In many states, it does matter whether he knew about the pregnancy and provided emotional and tangible support during the pregnancy. If he abandoned mother and baby during the pregnancy (and that is how some states look at it), that will count against him. Did he just verbally say he didn't agree with the adoption, then do nothing about it? Both of our adoptions were legal risk for birth father issues. DD's birth father verbally agreed when talking to bmom, but couldn't be located. Our attorney advertised publicly several times, giving him the chance to show up at court or contest it somehow. In his case, he was known to be involved in criminal activity and drugs. Conduct does count, and the courts would not award him custody under those circumstances if he had contested. DS's birth father is "unknown". Same thing - our attorney had to publish. (cont).
    Iamgr8teful

    Answer by Iamgr8teful at 8:53 PM on Mar. 12, 2011

  • (cont) I know that you may not be able to give much more info at this time, while you are going through this. You really need a good lawyer. My personal feeling is that he should have pursued this a long time ago. I think it would be traumatic for your child to be taken from the only parents he has ever known and given to someone who is a stranger to him. Best of luck to you!
    Iamgr8teful

    Answer by Iamgr8teful at 8:54 PM on Mar. 12, 2011

  • He deserves to be able to see his child, and his child deserves to see a parent that wants to see them.

    Adoption bashers, you mean people who have been adopted and can understand the child's point of view?

    Children are human being,s not propeerty to be fought over or brought and sold. Their father wants to see them and have a relationship, then they should be able to.
    Piskie

    Answer by Piskie at 12:08 PM on Mar. 13, 2011

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