Ask Me Help Desk - Can I get my daughter

Can I get my daughter

I have recently found that the mother of my daughter has passed its been about a year since her passing and I found out that my daughter has been supposedly adopted by her stepfather but the adoption was never agreed upon by myself they said they ran an add the paper where they live but I am living in a different state than where the supposed add had been ran is the any way that the adoption in null because of the fact that I had no way of knowing that this was taking place I really need help I have talked to my daughters grandparents and they say the she doesn't need to be with her step father is there any way I can get my little girl

Why should she not be with the step father ( her legal father if adopted)

I will be rude and blunt. It is obvious you were not paying child support and obvious you had not called or visited your child in years. I would like to know why you think the child even needs or wants you?

But if you could not be found, and if they posted this in the newspaper required by the court according to your last known address, it is very legal adoption.

You can hire an attorney and challenge it if you wish.

Got to agree with FrChuck here. She's your "little girl" but you haven't supported OR seen her in at least a year?

The child has suffered enough - her mother is dead. Leave her alone.

OR retain an Attorney, spend a lot of money attempting to set the adoption aside, explain where you've been for this extended period and probably lose in the end.

I very much agree with first two comments.. why does the mother have to die before you attempt to get back custody of her? YOU GAVE HER UP. For whatever reason ,let her be where she is comfortable.she just lost her mother for christ sake.she needs stability ,something you couldn't give her. Let her be

Quote:

Originally Posted by jasonjreynolds

I have recently found that the mother of my daughter has passed its been about a year since her passing and I found out that my daughter has been supposedly adopted by her stepfather but the adoption was never agreed upon by myself they said they ran an add in the paper where they live but I am living in a different state than where the supposed add had been ran is the any way that the adoption in null because of the fact that I had no way of knowing that this was taking place I really need help I have talked to my daughters grandparents and they say the she doesn't need to be with her step father is there any way I can get my little girl

Quote:

Originally Posted by lovelove22

i very much agree with first two comments..why does the mother have to die before you attempt to get back custody of her? YOU GAVE HER UP. for whatever reason ,let her be where she is comfortable.she just lost her mother for christ sake.she needs stability ,something you couldn't give her. let her be

If you actually READ the OP, you would see that he did not give up this child voluntarily. Apparently, it was done without his verbal or written approval.

In a step parent adoption a good faith attempt has to be made to contact the parent to get their approval. It appears this was done by advertising in the paper.

You apparently moved away from where your daughter lived and broke off contact for over a year. In most areas this would constitute sufficient grounds to allow the adoption. So there is no way, I can see, that the adoption was null based on what you have told us.

You don't tell us how old the child is, whether there was a way to contact you, how long your ex was remarried, whether you were paying or required to pay support, and why the grandparents feel she shouldn't be with the step father. All these factors might have an impact on the ability to overturn the adoption.

But, unless you can prove that the step father DID know where you were or how to contact you, I don't see any likelihood of overturning.

Odd that father NOW has contact with grandparents but didn't know the child had been adopted. He can always attempt to set the adoption aside but "newspaper notification" is Court Ordered so that it CAN'T be set aside so I don't see a chance for him here.

Too many unanswered questions to give a 100% answer.