Legal Question in Family Law in Maryland
Child Custody/Adoption
I am in dire need of information regarding a possible custody battle. The child involved will not be born until July 15th. However, the mother does not want the child, but the father does. The mother may choose to put the child up for adoption, despite the fact that the father wants to raise the child. Is it possible for the child to be put up for adoption despite the father's wishes? If so, is there a possibility that the father could adopt the child himself and gain sole custody?
2 Answers from Attorneys
Re: Child Custody/Adoption
The father must consent to the adoption unless she pulls a fast one and denies that he's the dad or puts the child up for adoption naming another person as the bio dad.
What I would do is immediately file for custody once the child is born. Without a court order for custody either parent at anytime can take the child and not return the child. In otherwords, if he raises the child and never gets a court order, years down the road she could take the child and it is not parental kidnapping.
Feel free to call me if you have any questions.
Re: Child Custody/Adoption
The child cannot be adopted by a third party without the consent of both parents. If the mother denies you are the father, you may have to file a paternity action and have genetic testing done to prove you are the father. The father of the child has a right equal to the mother's to custody, so if the mother doesn't want the baby, there should be no valid reason why you shouldn't have custody. If the mother were to deny you are the father and to place the child for adoption, you could end up in a legal battle with adoptive parents to assert your right. If you do prove to be the father, you will almost certainly win. I would suggest that you file an action for the establishment of paternity, and for custody, immediately when the baby is born.