Legal Question in Family Law in California
Adoption/custody
If court has approved an adoption (already went to final hearing date), does that make the adoptive parent then a custodial parent in addition to the birth parent (if the adoptive & birth parents are married)? Would one parent (i.e. birth) then be kidnapping any children by taking the children out of the home in a marital separation and/or crossing state lines? Is the adoptive parent entitled to visitation and/or custody depending on what the court's decide? What would the best course of action be to 1) stop the parent who is leaving to take the children out of state/deny visitation and custody; 2) ensure custody and/or visitation; 3) protect the rights of both parents & ensure that the children are placed where they want to be placed? Any onformation would be helpful, even resources to find the answers to these questions. Thank you.
1 Answer from Attorneys
Re: Adoption/custody
Both parents are now the parents of the child. Both parents have a right to custody and visitation.
If I was the adoptive parent, I would file an Order to Show Cause for custody and visitation. I would file an Order to Show Cause to stop the parent who is attempting to leave from leaving. I would ask for visitation in the meantime.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
