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We were recently denied our petition to adopt a 3 year old foreign child, because that child was not in our legal custody for a full 2 years prior to the petition. I have a few questions.
1. Is this a standard?
2. Can we repetition at any point in time, or is there a time limit?
3. Are there any informational links available, or good lawyer links?
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We are his legal parents in his country, but not his foster parents, he currently lives with a nanny over there, a nanny we support to provide and care for him until he can come here. We went through the court system there and legally adopted him, with the birth mothers consent and support (The father is long gone). We then sent in a petition to Homeland security (INS) to bring him to America, with pictures and supporting documents. It has been twelve months since we were given legal custody by the courts, but we were denied the petition.
I just wanted to know what our next best step is. The country of Origin is the philippines.
TIA
Does the child qualify as a legal " orphan". As I understand it, in order to adopt a non-US child, the child needs to be an orphan under the INS definition. If not, I think the 2 year rule would apply. You should definitely contact a lawyer to see if there is anything that can be done--
Good luck--
Lexie