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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23517
Experience:  Attorney with 14 years experience
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I am a divorced father who allowed my sons Ohio-resident step-father to adopt him 6+

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I am a divorced father who allowed my son's Ohio-resident step-father to adopt him 6+ years ago by the mother's request indicating it was the child's desire. (It was not - but not sure that matters.# Since, the mother has re-developed a serious drinking problem and has been physically and emotionally/mentally abusive to the child. The mother made an oral agreement to tell the child where I #biological father# XXXXX be reached. She did not keep that contract. The child is 16 #17 in June) and ran away from home and to me to get away from the mother's behavior. Am I able to re-gain custody, and gain primary custody, due to either the child's desire or the mother's behavior?
Submitted: 3 years ago.
Category: Family Law
Expert:  Barrister replied 3 years ago.

Hello,

.

I hate to tell you this, but once you terminated your parental rights and agreed to allow the child to be adopted, all your legal rights and obligations to him were severed. As such, you couldn't get any type of custody because you are legally unrelated to the child even though he is your biological son.

.

When someone is legally adopted, it cuts off any legal relationship with the biological parent. So you would have no legal standing to petition the courts for any custody. However, when the child turns 18, you could legally adopt him with his consent since he would be an adult. But at 18 he could live where he wants to anyway, so it wouldn't make a real difference.

.

So at this point, mother and step father could legally compel him to return because he is a minor by filing a police report with him as a runaway. If law enforcement found out where he is they could take him into custody and return him to them. But the question is whether they would actually do so as he would likely just run away again.

.

I know this is not the news you had hoped for.

.

.

thanks

Barrister

 

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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23517
Experience: Attorney with 14 years experience
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