adoption Flashcards
When may a child be adopted
with the consent from the biological parents
is the consent of an unwed father necessary for adoption
depends on involvement
if demonstrated commitment to parenthood by participating in child rearing, relationship is protected by due process
fathers involvement factors
(1) whether parents lived together or visited regularly
(2) whether father admitted paternity
(3) whether father paid child support
(4) whether father had any responsibility for supervision, education, protection, or care of child
Adoption needs:
- biological parents rights must be terminated
2. new parent-child relationship must be created between child and adoptive parent
when is biological parent consent not required
death of parent,
abandonment
Custody to third party
if between 3P and biological parent
natural parent has a right to raise her child and entitled to custody unless shown that the parent is unfit
only under special circumstances will custody be awarded to a third party
relinquishing custody
could lead to custody being awarded to third party
3P visitation
Supreme court has held that as long as parent is fit- parents determination as to appropriateness of 3P visitation must be given special weight