My fiance was married before and his ex-wife had adopted his son after winning a custody battle with the child's mother, who was found unfit and abusive. Now they are divorced and she has sole custody of his son, while he still has visitation. She is an adoptive parent and he wants to gain sole custody and get his son back from her. This is a unique case and we are not sure how to go about this or if it's even possible.
1 Answer from Attorneys
It is not unique. The son is legally hers also. When he signed the adoption petition he agreed that she was a fit and proper person to be his parent. If he agreed or the court ordered sole custody to her, to seek a change is custody carries a high burden.