Legal Question in Family Law in California
getting custody of a previously adopted child
My husband has a 13 year old
daughter. She was taken from him at
birth because she had meth-
amphetamines in her system. His
mother legally adopted the child, and
has been raising her since birth. My
husband has been active in her life
the entire time, but does not get
along with his mother. His mother
recently died, and in the will, she had
requested the child to be given to a
family friend. My husband and I
would like to fight for custody of the
child. Would we have a chance of
winning even though it was stated
differently in the will?
1 Answer from Attorneys
Re: getting custody of a previously adopted child
Adoption terminates the parent child relationship. His only legal relationship with the child is as a sibling. It would be difficult to obtain custody. The greater his involvement in her life the better his chance of success.