Friday, 27 June 2014

can my husband fight for custody of his newborn daughter and me as his wife have his daughters mother sign her rights over to me

Question

can my husband fight for custody of his newborn daughter and me as his wife have his daughters mother sign her rights over to me



Answer

You've asked two questions:

1. Can he fight for custody? Yes, but if by custody you mean he takes the child from its mother, he will have to prove by clear and convincing evidence that the child's circumstances are such that the child would be better off with him.

2. Can you adopt the baby? Yes, the mother can sign an affidavit of voluntary relinquishment of parental rights and you can ask the court to allow you to adopt the child.



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