Hi! I'm currently writing a story about a couple who wish to adopt an abused child, but I'm not sure about the process. Person A meets the child when she saves the kid (who ran away from home) from bad men and ends up in the hospital. Person B meets the child in the hospital and learns about the kid's situation. she takes the kid home and promises that they would get help. I assume they would have to call a social worker for the kid and get them out of the home first before the actual adoption even happens. The problem is that they're not related and the alcoholic father is still present. Is there a way that the couple can win the custody battle? Should the father have a previous criminal record or no other close family member to adopt the child? Would person A being in a hospital affect their chances to adopt? How long would this adoption process take? What kind of challenges would they encounter in the adoption process? additional information - person A is a college professor and person B is an architect. both are pretty well off - the kid is seven years old Thank you so much!
My situation was a bit more complicated in that it was an international adoption, but here's what we went through: My late wife's granddaughter was being raised by my step-daughter, who is both bi-polar and an alcoholic. When the girl was 12 years old, mommie dearest threw her out on the street at 03:00 a.m. -- in a large South American city with a high crime rate. The kid made her way to her uncle's apartment, uncle called us, and my wife was on the first place she could catch to Sud America. The process involved that country's equivalent of both family court and what we in the U.S. know as child protective services (in my state, the Department of Children and Families). My wife had no problem getting a decree of custody from the family court. That made her the legal foster parent. However, because the U.S. at that time had not ratified some Hague Convention on international adoptions, legal custody from that country didn't allow us to bring the child to the U.S. The U.S. would only accept full adoption, andf that was more complicated. Neither the U.S. nor my wife's native country recognized any adoption services agencies from the other country, so we had to do everything pro se (the legal term for "by yourself"). We had to get a home study done by a licensed adoption agency. We used Catholic Family Services, but there are others. We also both had to be evaluated by a psychologist -- me in the U.S., and because my wife was still a citizen of her native country she had to be evualuated by a psychologist there. We had to have our finances examined under a microscope, as well as our medical histories. The family services department assigned both an adoption social worker and an attorney to the case. Eventually, when everything else was in place, I had to travel to South America and undergo an interview by the attorney and social worker. Having survived that, we had to go through a court hearing in the family court. We survived that, and the judge approved the adoption. In the U.S., adoptions are handled by probate courts. The difference between a foster child situation and an adoption is that with a fostering placement the birth parents don't lose their status as parents, they only lose custody. In an adoption, the birth parents' parental rights are permanently terminated, and the adoptive parents become the new parents -- to the point of a new birth certificate being issued that names the adoptive parents as the parents. Yes, they can still win. But, as related above, adoption is more than custody. Adoption means the birth parents lose or give up all rights and status as parents (for that child, at least). It isn't necessary for the father to have a criminal record. What counts is whether or not he can (in the eyes of the state) be a good parent. If he's a chronic alcoholic, that's probably sufficient cause. Close family members may not be willing to adopt the kid, or may not qualify financially or in other ways to adopt. The deciding factors are what the state and the judge determine will be in the best interests of the child. Yes. Conservatively, two years. maybe more if the father contests it. See above. No, person B does not take the child home. At least, not legally. If the child was in the hospital, the hospital will not allow the child to leave with anyone who is not proven to be a member of the immediate family, or who does not have legal custody. Even if person B wants to be a foster parent while the adoption is proceeding -- you have to go through a rigorous vetting process before that state will allow you to be a foster parent.
What country does this take place in? And if it's the USA, then what state, because the family laws differ a bit on state also, there is some overlap with criminal law in some cases. So, maybe see if there is someone here who knows family law.
Thank you so much for sharing this. It is incredibly helpful and insightful. I'm glad things worked out for your family. Wishing you all the best!
