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Posted by on Aug 29, 2016 in Civil, Family Law | 0 comments

In re Adoption of MRD and TMD: Twin Exceptions fail to authorize adoption of Twins

A Father leaves a Mother shortly before she learns she’s pregnant. With almost no exception, the Father has no contact with his Twin Children for the next eight years until he gets married and suddenly files for custody. The Mother, who has raised the Twins with their maternal Grandfather, wants to terminate the Father’s rights to the Twins to avoid a custody battle, and so Grandfather agrees to “Adopt” the children with her.

But the Adoption Statute isn’t designed to help avoid a Custody fight; it’s designed to allow a child to “bond” the new family unit, and so the moving parent must agree to terminate her own parental rights to the child to terminate the other parent’s rights, unless one of two exceptions is met: 1) where a parent’s new spouse is the adopting party; or 2) for “cause shown,” an exception that turns out to be every bit as pointless as it sounds.

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