Thursday, May 13, 2010

Do immediate family members have more rights to a adopted family members over guardianship in court cases?

my wife is trying to give guardianship of my three year old daughter over to her adopted parents dose immediate family have more rights to the child








Do immediate family members have more rights to a adopted family members over guardianship in court cases?
If you're asking if you, as the father have more rights to your child then your wife's parents, then yes. But if your asking if biological grandparents or other family members have more rights to the child then adoptive grandparents, then no, her parents are legally seen as equal to yours. Do immediate family members have more rights to a adopted family members over guardianship in court cases?
If I'm reading you right, your wife was adopted at some time in her life, is that correct? If so, the courts would consider her parents to be just that, her parents. Not her adoptive parents, not her non-biological parents....just her parents.





Once that is established then you must ask yourself if the court considers her parents to be immediate family and if they would consider her parents more suitable then you. If you have established your paternity of the child then I would have your lawyer make that argument. Personally, I would think that, baring any reasons why you could not take the child (abuse, criminal convictions for offenses dealing with minors....) then you should get first shot.





Again, take it to a lawyer and see what he/she can do for you. Either way, you will need one if you want to fight this.

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