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ConfusedMother9 · Feb 25, 2009, 07:36 PM

I will, Thanks again!

ConfusedMother9 · Feb 26, 2009, 04:17 PM

Well,my brother called the probate court & they advised him to get legal help & said they can neither give legal advice or give out any forms. I don't think she fully understood the situation but I guess he is going to wait until he gets his new lawyer. ScottGem, you said that you did not think the judge would award the adoption w/o his consent,right? You do not think they will do it until they have consent even though the adoption was never legally granted or denied? His withdrawing his motion to contest would not count as consent,would it? I'm sorry Im asking so many questions. My brother acts tough some times but I know how much he wants to see his son. I don't want him to miss out on any more years of his life.

JudyKayTee · Feb 26, 2009, 04:45 PM

Originally Posted by ConfusedMother9

Well,my brother called the probate court & they advised him to get legal help & said they can neither give legal advice or give out any forms. I dont think she fully understood the situation but I guess he is gonna wait until he gets his new lawyer. ScottGem, you said that you did not think the judge would award the adoption w/o his consent,right? You do not think they will do it until they have consent even though the adoption was never legally granted or denied? His withdrawing his motion to contest would not count as consent,would it? I'm sorry Im asking so many questions. My brother acts tough some times but I know how much he wants to see his son. I dont want him to miss out on any more years of his life.

Your brother needs an Attorney who has the ability to look at ALL papers on file and make a legal determination as the status of this adoption - and he needs to do this NOW.

ConfusedMother9 · Feb 27, 2009, 09:46 PM

I know,He just doesn't have the retainer price right now. Is it wrong on his part that he is letting her think that he might still sign the papers? This was honestly my idea so she wouldn't try to have things done before he could afford a lawyer. I don't want to get him in trouble.

ConfusedMother9 · Mar 6, 2009, 06:18 PM

Can my brother represent himself, should he need to, until he gets an attorney? The mother found out that he was not signing the papers & is threatening further action on the fact that he did sign 2 copies & withdrew his contestment. He honestly can not afford to hire a lawyer on short notice so can he represent himself?

ScottGem · Mar 6, 2009, 06:23 PM

He can try, but its not recommended, especially if the other side has an attorney.

ConfusedMother9 · Mar 6, 2009, 06:25 PM

What can they do if he does not have an attorney? Can they grant her the adoption on that?

ScottGem · Mar 6, 2009, 06:34 PM

If he tries to go up against an attorney, the attorney will know all the tricks of the trade. So the odds are that he will lose his case for visitation. Since he did sign the adoption papers he might lose that case as well.

ConfusedMother9 · Mar 6, 2009, 07:01 PM

Wow,okay,Thanks a lot. I'll see if I can't help him get the money up.

ConfusedMother9 · Mar 12, 2009, 08:55 PM

I was wondering if sending the mother's lawyer a refusal to consent would mean anything? Also,could my brother file a refusal to consent with the court until he obtains a lawyer? Because they can not grant the adoption with out his consent so we were thinking maybe this could buy a little time.

ScottGem · Mar 13, 2009, 04:56 AM

Its worth a try. I would file it as a recant or repudiation of his original signing of the document.

ConfusedMother9 · Mar 13, 2009, 01:18 PM

Ok,can he file this with the court with out a lawyer? He tried calling & talking to them but they pretty much said they couldn't give him legal advice. He probably didn't explain the situation very clearly to them or he was talking to the wrong person. If you think it's possible to do this with the court, I may make a trip with him down there to ensure he gets the correct things done.

ScottGem · Mar 13, 2009, 04:30 PM

Anyone can file a motion with the court in a case they are involved in. What he should be asking the court is what the process is. That they can advise. He probably asked what he should do.

ConfusedMother9 · Mar 14, 2009, 12:57 PM

Yeah,probably so. All of you guys are so helpful. Thanks a lot!

ConfusedMother9 · Mar 16, 2009, 01:13 PM

Well,the court told him he had to get a lawyer. Do you all think I should get a second opinion on this? We asked about a refusal to consent and a recant of his withdrawal. They said he needed a lawyer either way.

ConfusedMother9 · Mar 16, 2009, 01:32 PM

Okay,can every one give me an honest opinion? The child's mother is trying to convince my brother that he could never get rights & stuff like that. After reading the original post I posted and knowing the facts, do you all think he does have a chance of seeing him? I am trying to convince him that he has rights but I want some second opinions to show him. So please give me an honest response.

ScottGem · Mar 16, 2009, 03:30 PM

I think he has rights, he just has to fight for them. The only thing standing in the way is that he did sign the Relinquishment of rights, but he has the right to repudiate that as long as the adoption wasn't finalized.

ConfusedMother9 · Mar 16, 2009, 05:53 PM

Ok,well also to help him out, the papers were done wrong so they were never put into the legal system. Also,she has been emailing him & admitted that she's never wanted him to have anything to do with his son.Could that help him if she tries to say that she's wanted my brother in the child's life? She is being very immature about it,she's trying to threaten him with money issues to sign the papers. Do you think this could be that she's worried that he could get his rights?

And ScottGem,you are truly the greatest! Thank you so much. You are so helpful to me!

ScottGem · Mar 16, 2009, 06:09 PM

Anything that questions her veracity will help.

ConfusedMother9 · Mar 16, 2009, 06:19 PM

Im sorry,I hate to sound unedcuated but what exactly does veracity mean? =/