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VIC Family Law - Adoption of Stepdaughter Out of Foster Care?

Discussion in 'Family Law Forum' started by FedBoy2015, 20 May 2015.

  1. FedBoy2015

    FedBoy2015 Active Member

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    Hello, I'm enquiring whether or not I have rights to adopt my stepdaughter according to family law.

    The situation is my wife has a daughter who is currently in foster care and I'm thinking about adopting her from Adoption Australia, and I would like to know what my rights as her stepfather are.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    Can you please give more information:
    1. How long have you known your stepdaughter?
    2. Do you have a close relationship?
    3. How old is she?
    4. Are you still with the mother of the child?
    5. How long has the child been in foster care?
    6. Why do you want to adopt her?
    7. Does she want you to adopt her?
     
  3. FedBoy2015

    FedBoy2015 Active Member

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    1. 2 years
    2. in my opinion yes, she went from calling me my name to dad
    3. 4
    4. yes
    5. since she was 1 day old
    6. because i believe i can provide a good life-style and that she shouldn't be living with a 70 year old
    7. yes
     
  4. Ivy

    Ivy Well-Known Member

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    Okay, well if Child Protection has taken the child out of her mother's care then I don't see why they would support you taking her into your care if you are still with the mother. Is the child currently with a family member?

    @AllForHer and @Sarah J , are either or both of you able to comment on this?
     
  5. FedBoy2015

    FedBoy2015 Active Member

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    No she is not, she is in foster care, the reason she was taken is DOC's(NSW) got her oldest daughter's case from DHS(Vic) and everythng is based on that case, her situation at that point was completely different though not that it made a difference
     
  6. AllForHer

    AllForHer Well-Known Member

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    I think this probably needs legal advice, which you can get for free through Legal Aid. You just have to call and book a free consultation.

    The complication is not being clear as to why the child was placed into foster care. It's not often the court will remove children from their parents' care because it violates the kids' fundamental legal rights, so there needs to be some serious and persuasive proof that the child's best interests cannot be met unless removed completely from their parents.

    The other thing is that even if things have improved drastically, two years is not a very long time in the view of the court, so they'll be asking what steps have been taken to fix the issues, whether those actions have been effective, and why it is that the younger child is a focal point for proceedings, but not the older sister.

    The other question that I'm inclined to ask is how long after the child's birth was the child removed from the mother's care, and what kind of relationship do they have now? How often do they spend time together?

    We can't be given too much information about your case to assess it properly, because there's privacy laws that apply in all children's matters and the confidentiality agreement between client and solicitor won't exist, so I really strongly suggest seeing an accredited family law practitioner or at least a Legal Aid solicitor to get a better outlook of your options.
     
    Sarah J and Ivy like this.
  7. FedBoy2015

    FedBoy2015 Active Member

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