Legal Question in Family Law in Missouri

Can Judge put child in foster care if independent adoption doesn't work?

We adopted our niece from my brother 3 years ago. She and he have been unhappy and regretful. She loves us but wants to be with her Dad. We think it would be in her best interests to be reunited with her father. Her father wishes to adopt her. Here is our legal dilemna. If we sign a paper saying that we surrender all our parental rights to my brother and he goes before the judge and the judge denies or turns down the adoption, can the judge take the child away from all of us and put her in a foster home? Thank you for your legal advice.


Asked on 1/16/98, 4:09 am

3 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Return of Adopted Daughter to Father

I commend you for the action of allowing thechild to reunited with the father. I do not believe that the court will take away the child without your consent. Have no fear on this issue. However, I suggest you consult with legal counsel in your local area.

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Answered on 1/22/98, 9:45 am
Robert Friend Robert H. Friend, Attorney at Law

Re-adoption by the father

In my state (NC) there wouldn't be any problem. If the adoption didn't go through, the child would still be yours. In NC the courts are interested only in taking custody (for DSS) only if the child is neglected, abused, etc. Why, was there a problem when you adopted her? If not, the reverse adoption should be without a problem also in my state. Courts in my state are only too happy (as a rule) to accommodate those who are trying their best to care for children and to provide them with what they (reasonably) want. Doesn't sound like a problem in NC. Hope the same is true where you live.

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Answered on 1/22/98, 5:43 pm
Jonathan Schiff Self employed

custody surrender for re-adoption

There are advantages to letting other people answer before I open my big e-mail mouth. It's not as taxing on the brain.

In any event, Mr. Friend I think. hit the nail on the head. Although so far you have not yet gotten a reply from someone in your jurisdiction. So here's one from Ohio. Are we getting closer?

I would have to concur that you will not have a problem. Having represented the Children's Services Board in Cincinnati, the last thing the Court is going to tolerate is removing children from family members who are suitable and willing.

I would also like to ask, as Mr. Friend did, what were the circumstances that led to adoption in the first place? This could have a bearing on the success of your proceedings

Also, you may in your state have options besides going through a surrender. Not knowing the proceedures in your state, I obviously can't comment. But you might want to check with your attorney about alternative proceedures that would ultimately result in the father's adoption of the child.

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Answered on 1/25/98, 7:03 pm


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