Q: My fiance is trying to get custody back of his son after 7 years and his sister has guardianship.
My fiance is trying to get custody back of his son after 7 years and his sister has guardianship. Initially his dad and step mom had him after going behind his back and got emergency guardianship of him. Did not notify or serve him with papers stating so. On several occasions he was told the wrong court date so he would show up and find out it was the wrong date/time. His dad gave his sister guardianship of his son and is now refusing to give him back or even let him see his son. She told him today that she is planning on adopting him and moving so that way there is no way he can get him back. He has an appointment with an attorney on monday. What can be done to stop her plans?
A:
Your fiance has a right to be notified of any hearing on an adoption without consent. At the hearing, your fiance should argue that there are no legal grounds for the sister to adopt the child.
Click here to look at the state statute:
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=64540
This statute tells, under what circumstances, a child may be adopted without the consent of the father.
If the sister does not have ground to adopt the child without consent, under this statute, the court should not allow the adoption.
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