Utah judge returns child to birth father in adoption case
It is a well-known fact that birth fathers in Utah and elsewhere often face legal obstacles in establishing parental rights for their child. Matters can become especially complicated if the mother decides to put the child up for adoption, as the birth father then has to prove to the court that he has provided support for the child and has established a relationship with that child. Unfortunately, some birth mothers deliberately keep the father from the child in order to claim that he abandoned them.
One birth father, however, has successfully shown the courts that he is the legal parent of a child that had been placed for adoption. The father obtained legal representation, seeking child custody of his daughter, after he learned that his wife had placed the baby for adoption without his knowledge or consent. The father in this case was married to the mother, but they were having marital problems.
While preparing a new home in another state for his family, the father was unaware that the mother had given birth to their daughter two months premature and given the little girl up for adoption. However, the father had already made it clear that he did not want his baby adopted when the mother made the suggestion prior to the child's birth.
The little girl was placed with a family that was in the process of petitioning the court to finalize the adoption. The father refused to sign any legal relinquishments of his parental rights and fought against the adopting family. Now a judge has ordered the child to be returned to her father.
Because the father sought immediate legal representation, he was able to prove that he was the legal custodial parent in this case. Birth fathers have rights, and an attorney can help them establish a legal claim on their child.