Legal Question in Family Law in Massachusetts

My nephew recently had his parental rights terminated relating to his daughter, as he failed to file any objection when notified by the court to do so by a stated deadline. The mother (a minor) voluntarily surrendered her parental rights when she entrusted the child to a private adoption agency. I suspect that an adoption is pending, possibly very soon. Are there grounds, particularly in Massachusetts, to have his parental rights restored, particularly where it would involve blocking pending adoption?


Asked on 8/27/12, 6:48 am

1 Answer from Attorneys

I am going to assume that your nephew is a minor. There are problems with opposing the adoption at this stage. However, you can attempt it.

If you do intervene, your nephew will have to take financial responsibilty at a minimum and could have to take physical custody. You will not be able to force the mother to retain physical custody of the child.

Does your nephew really want to undertake the responsibilty of a baby at his age. I am presuming he is a minor or not much more than 18 himself.

If there is a pending adoption, you should find out if it is an open adoption. If it is an open adoption, that will allow for contact with child later in life. He can ask the adoption agency to give the adoptive parents his name and keep in contact with them over time, so if the child wants to met him it can.

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Answered on 8/27/12, 7:28 am


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