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cheryl7 · May 5, 2016, 03:26 PM

My daughter has a restraining order against her from seeing her son and she was told that the fathers girlfriend adopted her son wasn't sure if this is actually possible since they are not married and the restraining order is still in affect because it's a court order so could they strip her of her rights while the restraining order is on going and not notify her

talaniman · May 5, 2016, 03:44 PM

I doubt there is any basis of fact to this claim of adoption at all. Someone is blowing smoke you know where.

ScottGem · May 5, 2016, 04:23 PM

An adoption is highly unlikely without the bio parent's consent. A step parent adoption is also rare where the couple are not married.

The fact that there is a restraining order would indicate the court is aware that the bio mother is known and in the picture. So I also would tend not to believe it.

Who told her this?

On the other hand, a restraining order preventing her from seeing her son would indicate the court feels she is a danger to the child. And that might give the court cause for terminating her rights.

The bottom line here is you or your daughter needs to go to the courthouse and find out is an adoption was processed.

I would, however, be curious to know why the restraining order was issued.

Fr_Chuck · May 5, 2016, 05:03 PM

A restraining order and adoption are not connected in any way, They are handled in different courts normally.

An adoption, she would have had to be notified and given a chance to show cause for it not to happen.

The issue of course is why there is a restraining order ( if there is just cause for it) and did she go to the hearing for the order and has she gotten an attorney to try and get the order dismissed.

AK lawyer · May 6, 2016, 06:55 AM

I also would not be too sure that they are not married. They could have married without telling OP or OP's daughter. As noted, "step-parent" adoptions are not often approved unless the adoptive parent is married to the child's other parent (the father in this case). But in any case, the OP's daughter would have been given notice of an adoption proceeding, restraining order or not.