Can a mother sending her child to live with relatives hurt her in a adoption case?
The father of the child is abusive and has tried to take the child out of school once. The child was taken out of school but now the child is starting kindegarten and can't be kept from school and home schooling is not an option. They are trying to get the child adopted by the new stepfather without the fathers consent but is a long process. Would it hurt the process (if the adoption if faught in some way) in the long run if the child was sent to live with relatives to go to school? The child would still have very regular visits with the mother and family but we want to make sure the father can not find her and try to take her from school again. This was a nasty seperation and the father is a drug user and abusive so no visitation is prefered thats why the adoption is being saught.
Answers:
You need a lawyer. not amateur advice on the internet.
You need a restraining order, a child protective order, and a sealed order from a judge allowing the child to be placed with relatives for her protection during the time period of the proceedings. This will probably seal the adoption for you.
Removing the child from the jurisdiction would be a strike against the mother. If there is no court order forbidding the father from visiting, the father has a right to visitation.
You definitely need legal counsel. Immediately. The father has a constitutional right to see his daughter. However, if he were confined to a prison, the case would be much simpler.
you need to get another order of protection immediately and don't send the child away that can harm your case - the child needs to be with you. speak with a legal representative get child protection services involved if need be and make sure any school your child is in knows about the protection order and is on high alert - keep a constant line of communication with the school teachers and administration -even better is to volunteer at the school and have trusted friends and family do the same so there is always someone there to protect your child and watch over them. document everything - tape calls threats drivebys - every contact
terminating paternal rights is very very difficult and if you ease up for even a moment judges will side with the biological father - no matter what he has done to you and the child.
You are mixing apples and oranges here.Custody and adoption are two different things.A father cannot be forced to sign adoption papers regardless of the custody situation,so it has no bearing on the adoption process.The courts can turn down the step father's request to adopt the child,but they cannot force the real father to agree to the adoption.
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