I live in Ohio. My son was born in L.A. California. I haven't seen him for 7 years as his mother has opted to keep him out of my life totally. I have been back in Ohio for 2 years. I did have problems in L.A. due to drugs and incarceration. However, before that episode (I'm clean now in recovery) I had a court order for visitation. Then I fell back into my addiction and moved to central L.A. My wife and I moved to a smaller apartment and I couldn't have my son over. Due to addiction, I couldn't see my son as I was incarcerated and then on the streets for years. However I would ask of him and mom's wouldn't give me the 411, or let me talk to him. She has since gotten married and I just found out that they have adopted him. My thing is, after I finally started getting my life together, this happens. My fault indeed.

My question though is this... Does anyone know that statue of limitations in California on how much time I have to contest an adoption and get my parental rights back? The step father and mother have had my contact info for years. I have records proving that I have been in contact with her and the grandparents out there. THEY MUST HAVE GONE INTO COURT AND SAID THAT THE BIOLOGICAL FATHER COULD NOT BE FOUND and therefore I got no letter of INTENT TO ADOPT. No chance to contest or have a say so in the matter.

My son was adopted and all I want to do is prove to a judge that they misrepresented the truth in that I could not be contacted, that I was MIA, or didn't care. I am O.K. with him being there in L.A. I just want my rights so that the courts will mandate that I can have phone contact with him and an occasional visit every summer.

What do you all think? Please help asap.

caringdad

This is tricky... if I understand correctly, you did not sign away your parental rights to the child? The mother went behind your back saying she could not find you and the court allowed the step parent adoption?
If this is so, I would try to contact a lawyer. If you can somehow prove that you had been in contact with her during the time prior to the adoption, you may have a case. I'm not sure about statute of limitations... I would think that she could get into a bit of trouble as this may be considered perjury.
Just because you made some mistakes in the past does not give the woman the right to take your son, especially the way she did it.
I agree, and completely understand what you mean... you don't want your son thinking you left him. Do whatever you can to fight this... maybe you can get a free consult with a lawyer, most give 30 minutes or so, and see what they think. If you can't afford a lawyer, you may be able to find one who will do Pro Bono work, or contact Legal Aid in your city...
BEST of luck to you, I hope you win this one...

Since you will NEED an attorney to overturn the adoption, I would just try to find one. They can tell you the odds of overturning the adoption.

The first thing your atty will do is get a transcript of the adoption hearing and see what reasons were given to not get your signature. If, in fact, they claimed to not know where you are and you can prove they did, you can probaby get it overturned.

Its possible, however, they presented proof of your criminal history and if the judge based his decision on that, it might not be overturnable.

Yes you will most certainly need an attorney. It is very possible you can challenge this in court if they lied to the court.

I want to thank you all for the quick response. It gives me a little hope. I hope I can find an attorney pro bono. Please explain though (Pro bono). I thought an attorney would only take a case pro bono only if it were a case where they would benefit financially themselves?.
Caringdad

You would be better off looking for a legal aid attorney.

Law generally commit to doing a certain percentage of pro bono work as a public service. The case doesn't have to benefit them directly. But generally pro bono work they undertake will be easy and take little time or it may of notoriety to enhance the firm's rep.

You might try contacting the court that issued the adoption and requesting the transcript yourself.