[smccollum]

I need some advice before we go further in trying to get visitations for my husband. He has a son who he has never met face to face. Knows where he lives and dated the child's mother so he know the family. They were both under 18 when she got pregnant. His name was not on the birth certificate because her family would not allow him in the picture. The mother allowed her mother, the child grandmother, to adopt the boy. My husband did not want this to happen but at the time didn't know what he could do to stop it and with the lack of money for an attorney he just kind of gave up. He has wanted to have contact with his son for years but the boys grandmother, adopted mother, would not let that happen. We have the money to get an attorney now and would like to press for at the least visitations. Is this something that could be done or since the boy was adopted its kind of a dead issue till the boy is 18? Also my hasband was told he could be respaonsible for back child support. There is no way for them to push for child supoort if the boy was adpoted correct? I guess I need to know if this is something anyone has gone through, and what can we expect? We live in Mississippi not sure of the laws there on these issues. If anyone has any insight please let me know. Oh the boy is 14 now and would he have any say so in this iusse if it went to court? We don't want to interrupt his life and we have been told he wants to see his real father. Not sure if that is true. Any advice is better that what we have right now. Thanks to all.

[Fr_Chuck]

If he was not given legal notice for an adoption hearing, and/or if he did not sign over his rights for the adoption, ( and if he was a minor) the adoption may not be legal and he may get back into the child's life, He would owe many years back child support.

Of course at 14 don't expect a lot, they can be very hateful to a father who has been there full time.

[smccollum]

Even if his name wasn't on the birthcertificate? We are contacting a lawyer soon, just confused on what to expect.

[cdad]

The basic question of what to expect is.. your not going to get what you want. At least not at this time.

During the reunification process it is often slow. Maybe starting with phone calls and emails. Maybe even supervised visits for the first few. As time goes on and you ALL get more comfortable with each other then other changes can take place. Longer visitation including overnights etc even up to weeks at a time to possibly complete custody. No one can really answer what's going to happen behind the curten in the courts.
Also expect a DNA test at some point to " prove " he is the father.

As far as the child support goes It normally goes back only to the date it was filed for but can vary by state and by judge. That's really up in the air.

[Fr_Chuck]

And to note his name not being on the birth certificate does not take away any of his rights to be notified of an adoption. He still had to sign his rights away.
* although he may have depends on what he signed

Agreed, even if allowed, it will be a process over months and months under supervision to get to kow the child

[GV70]

§ 93-17-5. Parties to adoption proceeding; consent of child; unmarried father's rights.
(3) In the case of a child born out of wedlock, the father shall not have a right to object to an adoption unless he has demonstrated, within the period ending thirty (30) days after the birth of the child, a full commitment to the responsibilities of parenthood. Determination of the rights of the father of a child born out of wedlock may be made in proceedings pursuant to a petition for determination of rights as provided in Section 93-17-6.
§ 93-17-6. Petition for determination of rights in proposed adoption of natural child.
(4) If the court determines that the alleged father has met his full responsibilities of parenthood and that he objects to the child's adoption, the court shall set the matter as a contested adoption in accord with Section 93-17-8.

§ 93-17-15. Limitation on action to set aside final decree.
No action shall be brought to set aside any final decree of adoption, whether granted upon consent or personal process or on process by publication, except within six (6) months of the entry thereof.
§ 93-17-7. Parental objection; causes for termination of unfit parents' rights.
(1) No infant shall be adopted to any person if either parent, after having been summoned, shall appear and object thereto before the making of a decree for adoption, unless it shall be made to appear to the court from evidence touching such matters that the parent so objecting had abandoned or deserted such infant or is mentally, or morally, or otherwise unfit to rear and train it, including, but not limited to, those matters set out in subsection (2) of this section, in either of which cases the adoption may be decreed notwithstanding the objection of such parent, first considering the welfare of the child, or children sought to be adopted. Provided, however, the parents shall not be summoned in the adoption proceedings nor have the right to object thereto if the parental rights of the parent or parents have been terminated by the procedure set forth inSections 93-15-101 through 93-15-111 and such termination shall be res judicata on the question of parental abandonment or unfitness in the adoption proceedings.

[GV70]

No one can really answer whats going to happen behind the curten in the courts.
Also expect a DNA test at some point to " prove " he is the father.

As far as the child support goes It normally goes back only to the date it was filed for but can vary by state and by judge. Thats really up in the air.

AGREED!
American FL and Court practice ARE inconsistent.