It is not uncommon for individuals to relinquish their parental rights or to have those rights taken away by the court due to legal issues. However, if those rights are unjustly taken away, a New York parent could face a difficult child custody battle in hopes of getting his or her child back. If another family has already adopted the child, the situation may prove even more tense.
Such a case is currently taking place in another state. Reports indicated that the custody of a 3-year-old girl was at the forefront of the matter as her biological father wanted to have the child in his life. However, while the man had been in jail, the girl had been adopted by a family who had been fostering her since she was only weeks old.
Through the legal proceedings, it was determined that the father's parental rights were unjustly terminated, and as a result, the girl's adoption was deemed invalid. It was unclear whether the child was placed in the biological father's custody. However, it was noted that the adoptive parents are looking to have a re-hearing likely in hopes of maintaining custody.
Child custody can be a touchy topic for biological and adoptive parents alike. The legal decisions that go into such a dispute can have long-lasting effects, and therefore, New York residents who are involved in similar cases may wish to find out how they could effectively address their predicaments. By speaking with experienced family law attorneys, interested parties may gain an arsenal of information that could help them feel more confident moving forward.
Source: CBS News, "Emotional custody battle for South Carolina adoptive family", Feb. 7, 2017