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I was wondering if anyone knows what happens in this situation. I have had temporary custody with the intentions of a hopeful adoption. Since this angel was born straight from the hospital. I attended every doctor's appointment was there for the delivery. Now this angel is 13 months old. The biological father at first contested the adoption. Then throughout this whole process has wavered his decision time and time again. From re-drawing the paperwork up so he could sign off because that is what he wanted ...to not signing off and saying he wants the baby. Recently the biological father wanted open adoption which we agreed to...but now he has once again changed his mind -he wants full custody. He only saw this angel once when the baby was 11 months old. No support has ever been given to the biological mom. The biological mom will fight to keep the baby with us to be adopted. The biological mom's rights are that she agrees to the adoption, but if this guy was to step forward she will still have her rights. This whole thing has been so heartfelt and extremely emotional. I was just curious does the best interest of the child play a part since he knows us as mommy and daddy. I am told the longer we have the baby the better especially if this guy is not fighting to get his baby. I am scared to death -we could not imagine a day without our angel. Please if someone has been through this let us know something as to what happens. WE are told its all up to a judge. I was just wondering does the time of us having this baby play a part in the decision.
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Has your lawyer tried to TPR on abandonment? I was in a similar situation 3 years ago. My son's birthfather did the same thing. Then after 4 months of not visiting, paying, or anything my lawyer filed TPR on abandonmnet. He said he was going to fight it..but never showed up. They did do the TPR for the abandonment issue. What state are you in? I am in PA. I dont know what your state's laws are. Hang in there. I think that 13 months speaks for itself.
It is always still a "best interest" test, so the child's rights come first. I can tell you that the judge who did adoptions in our county routinely pitched birthfathers out of cases when they had not shown any interest in the child nor support for the mother or the child. Bdad's behavior toward the birthmom and the child will be an issue. Each state is different, but generally there is a presumption that the birthparent should be able to parent if they want to. It's a rebuttable presumption, though----meaning that you can overcome it with evidence (e.g. evidence that the parent is abusive, or incarcerated, or has neglected the child) I agree w/ mommyoftwo---get your lawyer to press the issue.