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Court: Adoption allowed despite Guatemalan mother’s objections

On Behalf of | Oct 16, 2013 | Family Law Issues |

Most adoption cases are processed through the courts without any problems; however, there are cases where someone contests the adoption. Our Colorado readers may be interested in an adoption case in Missouri that was recently heard by the state Court of Appeals.

In this case, the biological mother was objecting to the adoption of her child, who is now six years old. The woman, who is from Guatemala, had her parental rights terminated when the child was less than a year old for charges of neglect and abandonment. Those charges came after she was arrested by immigration agents for being in the country illegally.

The child was placed with his adoptive family in 2007. Once the mother’s parental rights were terminated by the court, the adoption was finalized. The judge had determined that the mother did not try to provide for her son or keep in contact while she was in prison on the immigration violations.

The mother filed an appeal, and an appellate court ruled that lower court did not have authority to allow the couple to adopt the boy. That ruling was appealed and the state Supreme Court ruled that a new trial was required. In 2012, the biological mother again lost her parental rights through a new trial, and the couple was once again allowed to adopt the child. This was the case that the Court of Appeals recently ruled on and determined that the adoption would be allowed to go through.

The American Civil Liberties Union of Missouri have alleged that the biological mother only lost her parental rights because she had not entered the U.S. legally. Her attorneys stated that there has been no decision made at this times as to whether the case will be appealed to the state Supreme Court.

Family law issues such as adoption, child custody and grandparents’ rights can all be contentious. There are many times when a legal battle may ensue that takes months or years before a final ruling is issued; however, when one is fighting for loved ones, a qualified family law attorney will work diligently towards a positive outcome.

Source: Kansas City Star, “Missouri appeals court upholds ruling in Guatemala adoption case” No author given, Oct. 09, 2013


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