what happens when the birth father contests an adoption?
ByWill the child be placed w/ him even if he did nothing & only the mother supported the child entirely?
Will the mother’s rights be terminated even if the adoption doesn’t take place?
Will the father have better chances of getting custody of the child because the mother considered adoption?
In terms of support, I mean both financially and emotionally (spending time w/ the child. The father hasn’t made any effort to do either.
Related posts:
- Do I need to identify the birth father to go through with an adoption?
- Can a unwed father challenge an adoption of his child?
- Why do the adoption haters degrade natural mothers who want their child to grow up with a father?
- Does a father have to sign adoption papers for an unborn child if he is a minor?
- Can a baby be given up for adoption by the birth mother without the birth father’s consent?
6 Comments
April 26th, 2010 at 5:21 am
Every country is different.
It doesn’t and shouldn’t matter what he did financially. Its his child. Its not and nor should be about money.
If the father gets full custody, yes her rights will be limited to what he agrees to.
He can go to court and try to get custody. If he’s proven to be a fit parent he will be awarded custody unless the birth mother decides to keep the child. She will then have to fight it out in court with the bio-dad, if he insists on getting custody.
It doesn’t matter either way. Financial/Emotional. If the bio-father is willing and able to care for his child than he will be awarded custody over someone not related. The courts try to keep families together taking into consideration whats best for the child not whats the best for the mothers.
April 26th, 2010 at 5:56 am
Do you know that if a person is lucky enough to concieve, carry and give birth to a child, a real parent would not even toy with such a disgusting idea as giving up their own.
Why should the mother have any rights when she is clearly irrationally stupid?
NO REASON JUSTIFIES GIVING UP YOUR OWN KIDS.
April 26th, 2010 at 6:12 am
The age of the child has a lot to play into this decision. If the child’s father registered with the punitive father registry, which is done in most courthouses clerk’s offices, and the mother signed away her consent, and the time has passed for her consent for adoption to be over with, then the father would get the child. The punitive father registry is designed to protect children from having to go through this all, by making a father register that he is claiming his parental rights, and that he does care about being a father. If he is on the birth certificate, he doesn’t have to register, so that plays in also, and in this case where he is on the birth certificate, he would get custody.
The mother’s rights being terminated, and the father showing responsibility, and the adoptive parents taking care of the child if they’ve gotten custody will all play into effect if everyone has had too much time to pass to take back their consent, or to register, and then it will be up to the judge to decide what is best for the child, not any of the parents. For instance, if the child is 3 years old, and the father is just now declaring he wants the child and hasn’t ever before, the mother’s wish to place the child might be taken ino consideration and the child placed, because neither bio parent has show an interest in the child. If the mother wishes to retain custody since a legal adoption cannot take place, she will immediately, before the consent to adopt forms take affect, say to the court’s clerk, in writing, that she wishes to remove her consent for adoption. All need to do what is best for the child.
April 26th, 2010 at 6:22 am
What should happen is the judge will review the entirety of the situation and rule in the best interests of the child, just as in any custody case.
All factors should be considered.
April 26th, 2010 at 7:14 am
IF THE FATHER CONTESTS THE ADOPTION, THE CHILD CANNOT BE ADOPTED OUT UNLESS HE IS A PIECE OF SHIT AND A DRUGGIE. IT WILL NOT BE HELD AGAINST THE MOTHER IF SHE THOUGHT ABOUT PUTTING HER KID UP.
April 26th, 2010 at 8:05 am
Of the 3 cases that I know of, including one relative, the baby had already been placed, so the mother had already given up her rights. The father had never been informed of the adoption and the judge canceled the adoption. Her rights remained terminated, but I think the judge included a formal termination in the proceedings anyway (I know she did in my relative’s case).
The father MAY have a better chance of getting custody if the mother did not inform the agency of who the father was, thereby trying to commit fraud.