my husband and i are getting divorced. he adopted my daughter from a previous relationship. he has taken my children. what are my rights to my biological, his adopted daughter?
2006-09-05 16:54:04 · 16 answers · asked by hpachell 1 in Family & Relationships ➔ Marriage & Divorce
I'm afraid to say he has as much right to that child as you do. With adoption, he assumed parental responsibility to this little girl. It is no longer something you have control of. It would equilvelant to him being the biological father.
However, if he has taken the children without a court order, get immediate legal counsel honey who specializes in family law. If you can't afford an attorney and the divorce papers haven't been filed yet, then get down to your county courthouse, file them pro se, along with a petition for placement of the children. It'll be a long process, but social workers will be brought in as well as a guardian adlitem (attorney for the children), who will evaluate both parents, their circumstances and make a sound judgement in the best interest of the children as to where they should reside. I know it's hard, and complicated, but when children are involved in divorce, emotions play a big part in it and parents will go to extremes to remain the contstant in their child's lives. A better thing to do would be do sit down with your soon to be ex and explain that you would like to be as equally involved in the children's lives as he wishes to be and maybe the two of you could work out a shared parenting plan the court would approve.
I wish you well.
2006-09-05 17:04:55 · answer #1 · answered by Hollynfaith 6 · 1⤊ 0⤋
a father that adopted a child legally has the same full rights as the biological father of the child. I'm afraid you have a custody battle even though the child really isn't HIS.
2006-09-05 16:59:13 · answer #2 · answered by christi 2 · 2⤊ 0⤋
Her hs the same rights ever since he adopted the child legally so it doesn't matter blood or not just like if u put her up for adoption the foster parents would have all the rights to her
2006-09-05 16:59:17 · answer #3 · answered by Ray_Ray 2 · 1⤊ 0⤋
you have equal rights. An adopted child is no different than a biological child. May I suggest you both consider the child's rights.
2006-09-05 17:04:31 · answer #4 · answered by Anonymous · 2⤊ 0⤋
the court or the state could determine what your rights are as part of the divorce proceeding. however if he legally if he adopted the children he is just as legally responsible for them as a biological parent. if the court awarded him custody then you would normally be financially responsible for child support and visitation
2006-09-05 17:00:28 · answer #5 · answered by rwl_is_taken 5 · 2⤊ 0⤋
i under no circumstances theory that someone can followed someone elses little ones without the organic and organic father giving up his rights to his little ones.... until eventually the mum lied and stated that she had no desirable who the daddy change into or if the followed father change into the daddy.... yet actual if the authentic father needs a shot at fatherhood mutually with his ladies supply him a probability to finish that... yet i fell replacing the ladies very last call because you and your quickly to be ex are starting to be a divorce and he's not there for them isn't the answer to the concern weigh it out first....enable the ladies get to entice close him and then see in the journey that they nonetheless desire the call replace....
2016-10-15 23:12:31 · answer #6 · answered by dudderar 4 · 0⤊ 0⤋
if he adopted her he has legal rights the same as if she was blood related. Your rights you have equal rights as him until you give up rights. Neither has more of a right then the other a court should deem who is to be her caregiver either him you or joint./
2006-09-05 17:07:50 · answer #7 · answered by ally'smom 5 · 0⤊ 0⤋
Why was he allowed to take the children in the first place? Was he AWARDED them by the court?
2006-09-05 16:55:42 · answer #8 · answered by mizzzzthang 6 · 1⤊ 0⤋
You have the Right too a HIGH dollar Lawyer.
There is a whole whole lot more to this story than what you are saying.
Good Luck.
.
2006-09-05 18:03:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If he adopted your child then she became as much his as she is yours.
2006-09-05 16:59:47 · answer #10 · answered by Anonymous · 1⤊ 0⤋