Father wants custody his baby up for adoption

[wonder2]

Posting for friend but will provide details I am aware of.

State:  Missouri    Baby will be one in August.  Paternity was established in October.  

Bio mother gave up custody.  No adoption agency or family service agency was involved.  Father was unaware that baby even existed until after she was born and patternity was established.  Father now wants custody.  Problem is..... it has been too court a couple of times and judge refuses to remove baby from "adoptive family" stating it may harm attachments that family has.  Final adoption has not gone through due to bio dad fighting the issue.  Father is only given one hour every other Sunday supervised visitation (at adoptive family home).   Went to court today and judge ruled home study be conducted but visitation remained the same.  In the mean time father is missing out on childs life.  Does this sound right??? I thought biological parents were given the baby if at all possible.  What would you recommend for this family???Something sounds fishy here.  

Is there anything else to do so this father can get his child back at this rate the child will be a teenager.

Thanks!!!

[socrateaser]

This is a VERY complex legal and social problem. The law permits a court to overcome a biological parent's fundamental constitutional rights in favor of an adopted parent, because the act of legally adopting out a child with no apparent father serves the compelling interests of the State in the child's long-term welfare.

A compelling argument can be made that having sex out of wedlock and inadvertantly producing a child places the burden on the putative father to keep track of his sex partner in order to confirm that she is not pregnant. If the father fails to do this, then this demonstrates a certain lack of concern for the child's welfare -- and the State can step in and provide a remedy, i.e., an adoption, if the mother consents.

This is exactly what has happened in your case. As for what to do, that is purely a moral judgment to be made by you. Legally, you are fighting an uphill battle, that will cost you a fortune, and may end up getting you nowhere.

All I can say is goooooood luck.

[wonder2]

First thank you for your response!

Really the father did find out and have paternity testing while the child was only two months old.

I just don't understand becasue even if the mother chose to keep the baby the father would have more rights than one hour every other weekend.  So now strangers have her and the biological fathers rights are almost deminished.  

Not sure if I explained but the adoption is not final.  Father has been fighting since baby was two months old.  Why wouldn't the baby be returned as soon as paternity was established??

Do all adoption processes in missouri require intervention by a state agency or can biological mother sign over custody to anyone she chooses?

Thanks

[socrateaser]

>Not sure if I explained but the adoption is not final.  Father
>has been fighting since baby was two months old.  Why wouldn't
>the baby be returned as soon as paternity was established??

Evidently, the proof offered shows that the child would be harmed after only two months by a relocation. Two months still begs the question as to where was the father on the day of the birth, and why didn't he take immediate action to enforce his rights. I'm not saying that there may not have been extenuating circumstances -- just that from the facts you show, there is an open question.

>Do all adoption processes in missouri require intervention by
>a state agency or can biological mother sign over custody to
>anyone she chooses?

I don't know MO adoption law...sorry.