Q: Can my stepdaughter birth mom take her away from my husband and I?
My husband has full custody of his daughter. The birth mom abandoned her when she was young and my husband went to court and was awarded custody. Every so often the birth mom contacts us or a family member. She has told the family members that shes going to take us to court and get her daughter back. She has not seen her or spoken to her since she was 2 yrs.old. Does she even have a case? Or do we have to worry about her trying to take my stepdaughter away. My stepdaughter is 9 and is fully aware of the situation. If we were taken to court would my stepdaughter be able to decided what she wants? And if taken to court am i able to file for adoption for my stepdaughter?
A: She is not the 'birth mom.' Until her parental rights are terminated, which they have not been, she is the MOTHER. If u chose to file an adoption proceeding and win, her parental rights wiuld be terminated. Then she would be the 'birth mom.' If u want to adopt her, u should do it NOW, not wait until after u r taken to court. Until her rights are terminated, she is legally entitled to visitation. She could only have a good custody case if there was something like abuse in your home. A 9 year old's opinion is not going to be taken into consideration. She knows nothibg except what she has been told. Her opinion would be baeed on hearsay.
A:
If she has not seen her in 7 years, she is an unfit parent.
You need to do a step-parent adoption.
Then you won't have to worry about her.
1 user found this answer helpful
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