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lillirotten · Jul 10, 2007, 01:40 AM

My ex husband has custody of my daughter which he is not the biologial father. I want to bring her home so bad. I got remarried and my now husband wants to adopt her.
Are there any chances for us and if so, what would be the first step? Please somebody help us!!

rosey3 · Jul 10, 2007, 03:45 AM

First of all why did your ex get custody of her? Depending upon that you should seek legal counsel to see what your rights are to at least get joint custody.

Rose

RichardBondMan · Jul 10, 2007, 04:19 AM

If the situation with your ex is that he simply has "physical" custody rather than "legal" custody, then just go get her and bring her home. If it's legal custody, then that raises the question "why does he have legal custody". Were you unable to care for her, etc and a court awarded your ex "legal" custody ? If so, then you now have to prove you can adequately care for her or your circumstances have changed now for the better. Once you get her back, then the natural father must approve your current spouse adopting her and that means he must give up his legal rights to her. Without his consent, it's probably not possible. But I am not an attorney and in matters such as these, you would be best served by seeking legal counsel. As a matter of fact, it's probably a requirement of the law to be represented at adopting proceedings.

ScottGem · Jul 10, 2007, 06:20 AM

Possession is 9/10ths of the law. If your daughter has been living with your ex for any length of time and you do not have legal custody, then taking her would be considered kidnapping.

You NEED a lawyer to petition for custody and adoption.

As to what your chances arre, no way can we answer that without knowing why your ex has custoday, how old the child is and what were the circumstances of her birth and more.

froggy7 · Jul 11, 2007, 08:12 PM

I'm confused. The ex-husband has the child, but isn't the biological father? And now the newest husband wants to adopt her? Who is the legal father of this child, and where is bio dad? Are those the same person or not?

But yes, you will need a lawyer to get custody and do the adoption. And you will need the approval of whoever the legal father is before the adoption will be possible.