Natural Parent Post Adoption Visitation
Can a Natural Parent Establish Post Adoption Visitation Rights to their Children?
It depends. There is no set rule regarding post adoption visitation rights, leaving courts to rely on their own state adoption laws. Some states allow post adoption visitation for natural parents, as long as it promotes the best interests of the child. On the other hand, some states don't allow post adoption visitation rights, arguing that it violates the adoptive parents' right to full legal custody.
What Factors May Allow Natural Parents to Have Post Adoption Visitation Rights?
Because specific post adoption visitation laws rarely exist, courts often look into a number of other factors when allowing or barring visitation:
- Did the natural parents consent to the adoption?
- Have the adoptive parents consented to visitation by the natural parents?
- Was the adoption conditioned on post adoption visitation rights?
- Relationship between the natural and adoptive parents
- Would allowing visitation hinder the children's development with their adoptive parents?
When analyzing the above factors, a court will always considered what's in the best interest of the child. So even if the adoptive parents consent to post adoption visitation, a court may invalidate this consent if it feels visitation may hinder the child's well-being.
What if a Divorced Natural Parent is Seeking Post Adoption Visitation Rights?
Some states allow divorced natural parents post adoption visitation rights, if it serves the best interest of the child. This situation usually occurs when one natural parent is not awarded custody of their children during a divorce decree, and the other custodial parent consequently puts the child up for adoption. Courts in this case may allow visitation, arguing that the non-custodial natural parent never had say in the adoption process.
How Can a Lawyer Help Me?
If you are a natural parent looking to gain post adoption visitation rights to your child, you should contact a family law attorney to learn more about your legal options. A lawyer can fill you in on your state¿s current adoption laws, and indicate the likelihood of a successful visitation rights claim.
Consult a Lawyer - Present Your Case Now!
Last Modified: 10-05-2011 11:11 AM PDT
