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ConfusedMother9 · Feb 16, 2009, 10:31 PM

Okay, my brother has a 6 yr old child with this woman. They were already separated when he found out she was pregnant & she didn't allow him to see the child until he was 2. He was seeing him but with no legal orders or anything. She moved away suddenly & basically disappeared for 2 years. Year before last,she contacted him & wanted him to consent for her new husband to adopt their child. He refused & wanted to see his son. He got a lawyer(a bad one) & contested the adoption. He was able to stop the adoption but his lawyer never took the proper actions to get him visitation. The mother took the child & moved away again. She continued to insist that he consent to the adoption. After a year of nothing ever happening legally,he became discouraged and agreed. He signed a copy but apparently she gave him the wrong papers or something. So she wants him to sign them again but he has decided that he wants to change lawyers & pursue getting his rights to this child.

Okay,my question is - does he have any chance of doing this after agreeing to sign the papers? The copy he signed is not legal.

Please,no responses about how stupid he is & how he shouldn't have signed them. We all know he's an idiot.

Any help would be great. He wants some advice before he spends the money on another lawyer.

stevetcg · Feb 17, 2009, 05:20 AM

If he didn't sign the right papers, it basically means nothing. The adoption isn't legal until the correct papers are signed, notorized and filed with the court.

Yes, he can get a lawyer and get his visitation. That will be a tough battle though since from all I can tell, the child is 6 and hasn't had much of a relationship with your brother.

ConfusedMother9 · Feb 17, 2009, 06:40 AM

Thanks. He definitely understands that. As I said,his last lawyer just basically strung him along for as much money as she could. He does have documents where he has asked for visitation if it will help him any. He's just scared that signing that one copy will make it even harder.

JudyKayTee · Feb 17, 2009, 07:27 AM

No, signing the document doesn't matter. People can and do change their minds. What will matter is how hard he's tried for custody and visitation over the years, if he's paid support, whether he can prove he's attempted to be the child's father.

Even if the document were legal and not yet filed he could stop the process.

ConfusedMother9 · Feb 17, 2009, 04:41 PM

I've asked questions on here for my brother before so this is the same case. He has a son & wants visitation rights to him. The mother tried ot have her husband adopt my brothers son. This is in Alabama. The mother now lives in Georgia but still has an Alabama attorney. My brother had an attorney in Alabama but she had to have been the worst ever. He is living in Florida and wants to pursue getting his rights. Does he need an attorney in Alabama or can he get one in Florida?

Thanks.

Fr_Chuck · Feb 17, 2009, 04:51 PM

Where is the court action taking place, if the child custody agreement is in Alabama and that is where they are fighting, that is where the attorneys will be.

If he makes a motion for it to be moved to Georgia and the mother agrees, it could be moved there.

ConfusedMother9 · Feb 17, 2009, 05:12 PM

Yes,it is in Alabama. Thanks.

ScottGem · Feb 17, 2009, 05:32 PM

I merged your threads, please don't start a new thread for the same issue.

As noted, if there is an existing court action, it has to be continued there. However, if the child now lives in GA, a change of venue can be requested.

You never answered if there was a custody/visitation order in place.

ConfusedMother9 · Feb 17, 2009, 11:10 PM

No orders placed. His lawyer stopped the adoption but stalled and stalled about filing for visitation. He ended up paying over $3000 and she never filed any motions for visitation or anything else.

ScottGem · Feb 18, 2009, 05:47 AM

Well, either he need a new lawyer or he needs to get her off the stick. Filing for custody/visitation should have been part of the whole process.

ConfusedMother9 · Feb 21, 2009, 11:14 AM

I'm glad to hear some one else say that. She was terrible & he did fire her. So she withdrew his contestment to the adoption,claiming she had to withdraw all motions placed or something. I mean, honestly, my brother's not the smartest guy,especially when it comes to legal issues. I think she realized that & just took what she could. He is looking into getting a new lawyer.

ScottGem · Feb 21, 2009, 12:49 PM

Hmm, I'm not so sure she HAD to remove all pending actions, just remver herself as the attorney of record. He MAY have a malpractice suit against her.

ConfusedMother9 · Feb 25, 2009, 02:19 PM

Okay, I have an urgent question on this case! My bro fired his lawyer,he could not afford to pay her anymore since nothing was happening. Well she claimed that in order for her not to represent him,she had to withdraw his Motion to Contest the Adoption. I do not know if she actually had to do this so someone please let me know. But anyway,the adoption is no longer contested because of that but my bro is looking into a new lawyer. Right now,he does not have enough for the retainer but we're afraid that the mother has figured out that he is trying to get a new lawyer. So is there a way to contest the adoption without legal help? Because if she finds that the Motion to Contest has been withdrawn,she may try to proceed with the adoption without his consent. Is that possible?So someone please help me out with this. Thanks.

ScottGem · Feb 25, 2009, 02:23 PM

I don't think it matters, because the court is going to want him to acknowledge that he agrees to the adoption.

But have him go down to the court and ask the status of his Motion to Contest. If its been withdrawn, ask that it be reinstated without an attorney of record.

ConfusedMother9 · Feb 25, 2009, 02:27 PM

Ok,thank you so much. Will that do that with no trouble or should he call and ask about it first? Because he lives in Florida & he will have to make a trip to Alabama for any legal proceedings.

ScottGem · Feb 25, 2009, 02:33 PM

Not sure. Definitely call first. Does he know anyone in the area of the court that can go and repsresent him?

ConfusedMother9 · Feb 25, 2009, 02:36 PM

I live closer than he does if they would allow me. I could have it done in the next week. It's always hard for him to get weekdays off from work.

Thank you so much! You are so helpful!

ScottGem · Feb 25, 2009, 03:04 PM

He may need to fax you a limited Power of Attorney for you to act in his behalf in reference to this case.

ConfusedMother9 · Feb 25, 2009, 03:14 PM

Ok,I will definitely tell him what you said so he can call & find out! Thank you so much!

ScottGem · Feb 25, 2009, 05:05 PM

Good luck and keep us posted