Lessons from Madonna's Divorce: Who will get custody of the kids?

Now that Madonna is getting divorced, the rumor is that her husband Guy Ritchie never wanted to adopt the little boy from Malawi, David Banda, and the boy’s natural father is saying he regrets giving up David for adoption and he thinks this divorce leaves David in a bad place. That brings up the question, whether Madonna can lose custody of the adopted boy and be forced to return him to his Africa-based father.
That’s a very good question. It is highly doubtful that if the adoption was finalized, that the biological father can recant his consent to the adoption. But who knows what the laws in Malawi are with respect to adoption?
Here in New York, the fact that the Ritchies are getting divorced would not be a basis to return an otherwise legally adopted child. The only question would be which parent would get custody.
The fact that Ritchie did not want to adopt little Banda might be a mitigating factor that results in Madonna getting custody. But it is not necessarily a deciding factor since the Post reports that Ritchie had “warmed up” to little Banda as time went along.
If Ritchie signed those adoptive papers, he is equally little Banda’s dad as Madonna is his mom. He has equal rights to custody absent a showing of unfitness. The same rules apply to adopted children as they do to biological children.
The good news for Madonna, so far, is that it does not appear that her soon to be ex spouse is challenging her for custody.