Allowed a friend to keep my child that lived in another state we never had a written agreement but we both agreed that everything will be on my terms as far as visitation was concerned everything was going well then when I decided that he was going to return home at the age of three I was hit with adoption papers. Every time I offered anything it was no thanks but the papers state I didn't do anything for him I admit that I didn't call lyk I've should have but I did text I was going through tiff times in the beginning that was the only reason I considered letting him go I never knew I was terminating my rights as a parent is there anything I can do to keep from losing my child?

First, they cannot adopt without the consent of both you and the father. The only way they can get around that is they show they made a good faith attempt to contact both and were unable to. Clearly not the case.

Has a hearing been scheduled to consider the adoption?

Yes the case has been going on since March of last year I don't think his father has received any type of legal papers they are adopting on the grounds of implied consent I'm scared of losing my child!

So you hire an attorney and inform fight.

They can not just take away your rights without a court hearing

The one most important thing we need to know in order to answer you is what state the adoption is in, and you simply said "another state". The laws of each state, while similar, are each different in some ways. While you call it "implied consent" to adoption, it probably is called something else, but the criteria for approving an adoption without the parent's consent are spelled out in state statute.

Which state is it?

Yes the case has been going on since March of last year I don't think his father has received any type of legal papers they are adopting on the grounds of implied consent I'm scared of losing my child! The state is Alabama.

We started fine they were bringing him home when I asked we were meeting each other halfway then when I told her he was coming home at the age of three hell broke loose she's unable to have kids and has gotten totally attached it seems the whole time he was up there they were building their case against me I have two other kids that live with me I'm a good mother just ran into bad times and made a wrong decision of letting my child go with sum1 I thought was my friend now I'm facing the reality of losing my child because I don't think that I can win because they do have proof of implied consent

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Originally Posted by kiana456

... The state is Alabama.

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Quote:

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(a) A consent or relinquishment required by Section 26-10A-7 may be implied by any of the following acts of a parent:

(1) Abandonment of the adoptee. Abandonment includes, but is not limited to, the failure of the father, with reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period of six months prior to the birth.

(2) Leaving the adoptee without provision for his or her identification for a period of 30 days.

(3) Knowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship with the adoptee for a period of six months.

(4) Receiving notification of the pendency of the adoption proceedings under Section 26-10A-17 and failing to answer or otherwise respond to the petition within 30 days.

(5) Failing to comply with Section 26-10C-1.

(b) Implied consent under subsection (a) may not be withdrawn by any person.

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2006 Alabama Code - Section 26-10A-9 — Implied consent or relinquishment. - Alabama Section 26-10A-9 — Implied consent or relinquishment. :: Justia -- US Laws, Codes, Statutes & Cases -- Justia

So actually there's no way of me winning my case then right!?

There is always chances, depends on if you wish to fight.
Show it was for the child's good, that arrangement or other defense

In family law there is never a "for sure"

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Originally Posted by kiana456

So actually there's no way of me winning my case then right!?!

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Not at all. Under the law AK cited the only thing that appears to apply is paragraph 3. And from your post that is iffy at best. You need to assemble your proof that you maintained contact and offered to help support the child. And DO get an attorney.