mr. achane if he would be willing to sign away his paternal rights. hile, the freis, now aware the little girl's father wanted her back, filed another adoption petition. and when achane's lawyer sent a letter to the freis asking his client be allowed to spend time with his daughter, that letter was ignored. >> i've just been with her six hours total out of her own life. that's hard to deal with. >> reporter: in response to the freis' petition for adoption, a utah judge has now ordered the couple return the toddler to her biological father within 60 days. the judge found that mr. achane's opportunity to develop a relationship with his daughter was deliberately thwarted. the court ruled that because the freis knew mr. achane had been married to talia's mother and was her legal father, he was entitled to immediate custody of his daughter. not what talia's birth mother was hoping to hear. >> my heart was comfortable with lia being with the freis. i'd rather see her with me struggling first before she goes with him. >> the clock is ticking for the freis to

the court ruled that because the fryes knew mr. achanrried to talia's mother and was her legal father, he was entitled to immediate custody of his daughter. not what talia's birth mother was hoping to hear. >> my heart was comfortable with lia being with the fryes. i would rather see her with me struggling first before she goes with him. >> reporter: the clock is ticking for the fryes to hand talia over. the deadline is january 16th. but the fryes aren't giving up. they have requested a stay of the judge's order and are planning to appeal. calls to the fryes were not returned but their lawyer sent me an e-mail explaining the fryes do not believe that anything can be gained by trying their case in the court of public appeal. they believe the district court made some fundamental errors in its decision and they will raise those with the appropriate appellate court. but once a natural parent comes forward, the judge's ruling reads the adoptive parents become merely legal strangers. randi kaye, cnn, atlanta. >> joining me now is staff sergean