Does an adopted parent have child custody rights? 14 Answers as of May 06, 2011

My ex adopted my son in 2010 and moved out 8 months later and has not tried to contact him or me to check on my son. My son wants nothing to do with him and has even told his therapist that. The divorce is not final and my son really doesn't want to see him or have anything to do with him. Does he have to see him? Can I get his rights terminated? I have been on my own since my son was born with no help from a father figure.

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Arnold & Wadsworth
Arnold & Wadsworth | Brian Arnold
A lot depends on how old your son is. Once your son was adopted then all parental duties came into play as if he was the biological father. This would include child support, etc. We offer free consultations and would be happy to discuss your case with you.
Answer Applies to: Utah
Replied: 5/6/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Because your husband (soon to be ex-husband) adopted your child, he has all the rights and obligations of a natural father. If he hasn't tried to contact or see your son since the separation, after only eight months of marriage, maybe he is looking to end his de facto relationship with both you and your son. However, it is unlikely that you will be able to terminate his parental rights, absent another stepfather seeking to adopt your son and your ex consenting to the adoption ... or his parental rights being terminated in the adoption case after he has neither supported nor contacted your son for over one year.
Answer Applies to: California
Replied: 5/5/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
An adoptive parent assumes all the rights, duties, and obligations of the biological parent upon adoption. So yes, he has rights.
Answer Applies to: Texas
Replied: 5/5/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
His rights are not contingent on his marriage status, but you may have a claim for termination of his rights based on abandonment, or other best interests of the child depending on what evidence the therapist could give. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, as the adoptive parent, your ex has the same rights as a natural parent. He also has the same obligations (i.e. payment of child support). You may petition the court to have the rights terminated.
Answer Applies to: California
Replied: 5/5/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    When your husband adopted your son he took on the same rights and obligations as if he were the biological father. You need to hire an attorney to assist you in your divorce and protect you and your son's rights in your divorce. Call our office today for a free consultation.
    Answer Applies to: Illinois
    Replied: 5/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    He has parental rights to access and has a legal obligation to pay child support. You can attempt to terminate those rights in probate court. If you wish to discuss further you can contact us.
    Answer Applies to: Connecticut
    Replied: 5/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    For purposes of custody, child support and all other legal relationships, an adopted father is no different than a biological father when it comes to parental rights. The adoption terminated the biological father's rights and transferred everything to the adoptive father. However, depending on the overall facts and circumstances, custody and parenting time issues could be influenced by the fact that the "legal" rights of an adoptive father may not be sufficient to overcome the lack of a healthy relationship with a child. Decisions affecting custody and parenting time will be based on the best interests of the child and the history of the parent-child relationship will have some impact on that determination.
    Answer Applies to: Colorado
    Replied: 5/5/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can terminate his rights if you find someone else to assume his responsibility for your son. The lack of involvement would be a basis for forcing the adopted father to jump a lot of hurdles to have access but his rights are no different than a biological father. Good luck.
    Answer Applies to: Washington
    Replied: 5/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    An adoptive parent has the exact same legal rights as a biological parent. Once an adoption is finalized, for all intents and purposes they share all legal rights that biological parents do.
    Answer Applies to: Minnesota
    Replied: 5/4/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    An adoptive father is the father. There is no difference between an adoptive parent and a biological parent. Whether or not your son has to see his father (and that is what he is) is dependent upon his age, recommendations of therapists, and the orders of the court, provided that dad actually attempts to get an order for visitation.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Since, as the adoptive parent, your ex-husband is the legal father of the boy, he has parental rights. On the other hand, the boy might have a say in the matter of visitation. You did not provide his age. Consult an experienced, local Family Law Attorney for a free consultation for further direction. What is the Mediator's recommendation?
    Answer Applies to: California
    Replied: 5/4/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Age is a factor.
    If you have questions, call me for a free consultation, 24/7.
    Answer Applies to: Massachusetts
    Replied: 5/4/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    An adoptive parent has the same rights as a biological parent. You can certainly fight him regarding custody issues, however. If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your custody/divorce issues.
    Answer Applies to: Washington
    Replied: 5/4/2011
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