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Custody fight for girl adopted without consent

by | Dec 21, 2012 | Firm News |

We often think of child custody as being a product of divorce, but that is not always the case. When a child custody dispute involves a third party in addition to the biological parents of a child, there can be significant legal complications. It is especially important for parents to understand all available legal options during a complex child custody dispute. Readers in the Pensacola area might be interested in the complicated legal battle that one father has been fighting.

The biological father of a 21-month-old girl is fighting for custody of the child, who is currently in the care of adoptive parents. The child was placed for adoption without the father’s consent while he was living away from his wife during his military service.

A judge in Utah, where the adoptive family lives, ordered that the child be returned to his biological father. The adoptive family is mounting a legal battle to keep the child and has filed a legal motion to allow the child to stay with them. The adoptive family states that the man has never asked about the child’s health or welfare.

The father’s attorney stated that the man did not find out about his daughter’s adoption until three months after it took place. When his wife told him about the adoption, the man’s first move was to contact the adoption agency. He then hired legal representation and filed paperwork to get the child back.

The toddler will remain in Utah with the adoptive family until the appeals process is resolved. The father is no longer married to the biological mother.

Child custody disputes can be emotionally trying in even the best of circumstances. Anyone facing a complex custody dispute such as this one should make sure to understand all of the legal options available. Preparation can be the key to a successful resolution to a child custody dispute.

Source: The Republic, “Contentious custody battle between adoptive parents and birth father in Utah,” Brady McCombs, Dec. 7, 2012

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