Adopted child to be returned to birth father

On behalf of The Walters Law Group, Ltd. posted in Child Custody on Friday, February 8, 2013.

Historically, fathers throughout the nation, including in the state of Illinois, have had difficulties securing the same rights as mothers when it comes to child custody matters. While in many instances this has manifested in mothers obtaining both physical and legal custody, with fathers obtaining visitation rights, in more extreme cases fathers may not even be granted those. This was the case for a man whose now 2-year-old daughter was put up for adoption when she was born, by the man’s now ex-wife.

The adoption, which was completed without the South Carolina Army drill sergeant’s knowledge or consent, took place in Utah in 2011. The new born was adopted by a family who resides outside of Provo. Upon learning of the adoption, the man reportedly attempted to claim his parental rights. Neither the adoptive parents, nor the adoption agency that facilitated the adoption recognized that effort.

In response, the man took legal action which appears to have now paid off. This past December he was awarded custody of his child and the adoptive parents were told that the toddler needs to be returned to her father. As would be expected, the man is reportedly excited.

While the adoptive family has a pending appeal before the Utah Supreme Court, it is working to make the girl’s transition back to her father as easy as possible. The hearing on that appeal will likely be sometime in March though it is not expected to change the outcome since the high court has previously agreed with the decision of a lower court which voided the adoption.

While this is clearly an extreme case regarding child custody, the outcome is telling where a father’s rights are concerned. It illustrates how today, fathers really do have a voice in the legal system regarding child custody matters.

Source: Houston Chronicle, “Birth father finally gets custody of toddler,” Brady McCombs, Jan. 25, 2013