Q: How does biological mother start to get custody of child after adoptive parent has died?
Adoptive parent has died . biological parent wishes to get custody after parental rights were terminated 3 years ago
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- California
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A:
If you're the biological mother and wish to regain custody after the adoptive parent has passed away, you'll need to take legal action. First, you must file a petition with the court to request a change in custody. This process will involve proving that regaining custody is in the best interest of the child, despite the previous termination of your parental rights.
It's important to understand that the court will carefully consider the circumstances surrounding the original termination of your rights and whether your situation has improved significantly since then. You'll likely need to present evidence of your current ability to care for the child, including stability in your living situation, income, and emotional well-being.
The court's primary concern will be the child's best interests, so it's essential to demonstrate how you can provide a safe, loving, and stable environment. Reunification is a serious legal process and may require legal support to navigate effectively.
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