Hi. So I have a complicated question. My mother-in-law adopted her ex-boyfriend's niece. She has had her for about 8 or 9 years now and now the bio mom wants her daughter back. They have been going through that for a few months now. Early this month, my mother-in-law was arrested, and its not looking like she's going to get out anytime soon. Her daughter was sent to the bio mom by her uncle. My mom-in-law didn't consent for that to happen and they say that Brianna (daughter) would go to next of kin, which is my husband. So my husband and I was wondering do we actually have custody over her? They live in Ga and we live in Ca. My husband is a Marine so he's never home and we haven't been able to fly over there to resolve this. I personally think it's best for her to stay with her bio mom because she can take better care of her than we could financially, and she would still be with all of her other siblings from my mother-in-law and her other family. Plus bringing her here to the middle of the desert just isn't ideal. Could the bio mom have custody over her rather than my husband and I?

If your mother inlaw adopted then the parents were stripped of any rights they may have had. So the reality is that its up to your mother inlaw to decide who to assign custody to or she will become a ward of the state. The bio mother has no rights to the child whatsoever. The child is in danger at this point. Should something happen like a medical emergency they can not make any decisions for the child. This all needs to be sorted out right now. It may be an inconvinience for you but think of the child. Please get this settled ASAP.

Let me sort out the relationships.

The legal mother of the child (your mother-in-law) would be your husband's mother.

You figure the next-of-kin is your husband, i.e.: a son of the legal mother.) Thus the child would be your husband's sister. Yes, unless your his sister has an adoptive father, your husband would be a next-of-kin. You would be the child's sister-in-law.

But you indicate that your husband and his sister (the child) have other siblings.
They would seem to be equally as close in kinship to the child as your husband. If Georgia wants the "next of kin" to take care of the child, they are as qualified as your husband.

The birth parents have no right, if the child was actually adopted.

And yes, that makes her your husbands sister, They were incorrect on sending her back to birth mother who has no legal rights to child at all.

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Originally Posted by AK lawyer

Let me sort out the relationships.

The legal mother of the child (your mother-in-law) would be your husband's mother.

You figure the next-of-kin is your husband, i.e.: a son of the legal mother.) Thus the child would be your husband's sister. Yes, unless your his sister has an adoptive father, your husband would be a next-of-kin. You would be the child's sister-in-law.

But you indicate that your husband and his sister (the child) have other siblings.
They would seem to be equally as close in kinship to the child as your husband. If Georgia wants the "next of kin" to take care of the child, they are as qualified as your husband.

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Thank you for your reply. And yes he has 2 other siblings,but one is 18 and unemployed. She does want to keep Bri but she doesn't have a job nor any type of support system for the both of them. My husband and I are actually going to bring the both of them here when he returns from the field. His little brother is with his father so he's taken care of.

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Originally Posted by Fr_Chuck

The birth parents have no right, if the child was actually adopted.

And yes, that makes her your husbands sister,. They were incorrect on sending her back to birth mother who has no legal rights to child at all.

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That's what I thought, but we can't fight it now since my husband is gone. I have to wait for him to return before we can get any legal action started.

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Originally Posted by cdad

If your mother inlaw adopted then the parents were stripped of any rights they may have had. So the reality is that its up to your mother inlaw to decide who to assign custody to or she will become a ward of the state. The bio mother has no rights to the child whatsoever. The child is in danger at this point. Should something happen like a medical emergency they can not make any decisions for the child. This all needs to be sorted out right now. It may be an inconvinience for you but think of the child. Please get this settled ASAP.

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I don't want her to be a ward of the state but I'm not able to get her until my husband gets home. We're trying to do what's right all around. But it's a sticky situation.

What about your husband's other siblings?

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Originally Posted by ScottGem

What about your husband's other siblings?

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One is 18 and can't support herself and the other is in the 8th grade with his father