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Can legal custody be granted from adoptive parents back to the birthmother if both parties are in agreement?

Minneapolis, MN |

Our child's birthmother voluntarily placed him for adoption with us as a newborn. She has maintained close contact with us all of his life, and he loves spending time with her. We believe he would be better suited with her and her husband. They were unable to have children, and he would get lots of one-on-one attention, which he needs with his ADHD+learning disability. We have other children and he acts out with us to gain attention. We have to think of what is not only in the best interest for him, but also our other children. His birthmother also has the emotional connection with him that we have been trying to replicate for 8 years with no success. We don't want him to grow up hating that he was with us when he could have been with her. She is married and has a stable home.

Attorney Answers 3


  1. You need to be advised by a licensed MN family lawyer. You aren't giving enough information to answer the question. You need to act quickly because there may be limitations on the amount of time you have to enforce your rights.

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  2. You should get the assistance of an attorney. There are many details that would need to be addressed. If either the birth mother or her husband have a criminal record, that could be a complicating factor that would need to be addressed with the court. But, as a general matter, yes, this could be accomplished. You should schedule a free consultation with an attorney.

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  3. The short answer is "maybe." Like the others have said, it is possible, but there are factors and circumstances that could work to either complicate the process or thwart it all together. Most attorneys offer a free, no obligation consultation. You should contact an attorney in your local area and discuss this matter with them.

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