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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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I am wondering if an adoptive family is entitled to

Resolved Question:

I am wondering if an adoptive family is entitled to custody of their adoptive son''s, child. If not, do you have anything I can research further to help my case? I am against them obtaining custody. Their adoptive son is incarcerated. Biological mom is working to get her child back, child is currently in Foster Care in NY.
Submitted: 8 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 8 years ago.

When someone adopts, they legally become the parents for all intents and purposes. This means they are listed on the birth certificate as the parents. Adoption severs all ties to the biological family.

What this means is that the adoptive parents are viewed as the actual grandparents of their adopted son's child.

Unless he or the mother is unfit, they cannot just come take the child from them. They would have to file a petition for custody based on reasons that their adopted son or the mother should not have custody.

Since the son is incarcerated, biological mom is the next logical choice. If she is proven to be unfit, then the courts will look to other family memebers, such as grandparents to take the child.

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