Ask Experts Questions for FREE Help !
Ask
    lvandy's Avatar
    lvandy Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 22, 2009, 09:48 AM
    My husband lost custody of his boys in Arkansas, then they were adopted in boston.
    My husband fought for custody of his two boys here in Arkansas lost. His ex then moved away with the boys to Boston and got into trouble there and had them taken from her. She signed papers giving them up for adoption. My husband had no say in it, he never signed papers. Is there any chance we can get them back?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Dec 22, 2009, 10:15 AM

    Massachusetts does NOT allow adoption without the consent of both parents. Of course, if your husband (for whatever reason) didn't just lose custody, also lost all parental rights, he did not need to consent.

    You need to consult with an Attorney. How long ago did the adoption take place?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
    		  
    #3

    Dec 22, 2009, 10:45 AM
    Quote Originally Posted by lvandy View Post
    My husband fought for custody of his two boys here in Arkansas lost. His ex then moved away with the boys to Boston and got into trouble there and had them taken from her. She signed papers giving them up for adoption. My husband had no say in it, he never signed papers. Is there any chance we can get them back?
    Agree with Judy. The boys could not have been adopted unless your husband had absolutely no rights whatsoever.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #4

    Dec 22, 2009, 04:05 PM

    This is one that your going to need to know the whole story on. There are too many things that "could be" and we just don't know. What your going to need to do is get all the paperwork and filings made surrounding custody hearings and the ones around the adoption. Once you have those then you may or may not be able to fight it depending on what they say.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
    		  
    #5

    Dec 22, 2009, 04:12 PM

    Stupid question here, please don't kick me legal eagles.

    What if the husband was never named as the birth father? If the bio mom didn't put him on the birth certificate then would she still need his consent to give the kids up for adoption?

    Don't throw things! Please!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
    		  
    #6

    Dec 22, 2009, 04:14 PM
    Quote Originally Posted by Altenweg View Post
    Stupid question here, please don't kick me legal eagles.

    What if the husband was never named as the birth father? If the bio mom didn't put him on the birth certificate then would she still need his consent to give the kids up for adoption?

    Don't throw things! Please!
    Not a stupid question at all. In fact, I've seen it happen.

    I guess since the OP stated that he fought for custody and lost, the courts knew he was the biological father but saw him as unfit, which is what led to the adoption "without his consent."

    But as califdad said, this is all speculation until we get more info.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #7

    Dec 22, 2009, 04:16 PM
    Quote Originally Posted by Altenweg View Post
    Stupid question here, please don't kick me legal eagles.

    What if the husband was never named as the birth father? If the bio mom didn't put him on the birth certificate then would she still need his consent to give the kids up for adoption?

    Don't throw things! Please!
    Yes. The reason being is that both parents would need to consent. And since the "father" isn't listed a diligent search would have to be made so that his rights can be signed away. The only work around to this is the new drop off laws they have on the books that state either parent may drop off the child and the child enters the system from that point forward. In some states it even has applied to older children.
    And no bonking on alty's head... Its christmas time!!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
    		  
    #8

    Dec 22, 2009, 04:19 PM
    Quote Originally Posted by califdadof3 View Post
    Yes. The reason being is that both parents would need to consent. And since the "father" isnt listed a diligent search would have to be made so that his rights can be signed away. The only work around to this is the new drop off laws they have on the books that state either parent may drop off the child and the child enters the system from that point forward. In some states it even has applied to older children.
    And no bonking on alty's head ... Its christmas time !!!!
    That's exactly what happened to someone I know. A woman he was seeing got pregnant, never told him, decided she didn't want the baby and gave it to the state. He had to actually fight the state to get his own biological child back when he never gave him up in the first place... can you imagine?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #9

    Dec 22, 2009, 04:24 PM

    There are many states that are doing this now and the parent of the child doesn't even have to identify who they are. Its just amazing and it strips ( usually the fathers ) of some basic rights.

    Here is a link for it.

    http://www.childwelfare.gov/systemwi.../safehaven.cfm
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #10

    Dec 22, 2009, 05:03 PM

    OP said he "fought for custody" and lost - I assumed (and we all know what that makes me) that he, therefore, WAS the father. In NY you cannot fight for custody unless/until you are the acknowledged father.

    Still think we have a small percentage of the story.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Adopted in OH, Live in MD, husband wants to adopt my adopted son [ 1 Answers ]

I adopted my son 2 yrs ago in Ohio (single adoption), I live in Maryland. My soon to be husband wants to adopt him after we are married. Would we have to do it in OH or MD?

Lost sister perhaps adopted [ 2 Answers ]

Iwould like to know if I could find my twin sister that I lost when we were born. My mother did not speak english and they gave her a paper to sign and she told me she thinks they were adoption papers. I suched for her death certificate, but nothing was found. But if she was adopted she must...

Where to find emergency custody hearing forms? Arkansas [ 1 Answers ]

Where to find emergency custody hearing forms? Arkansas

Trying to regain custody of my boys [ 1 Answers ]

Okay, so a little over a year ago, my ex husband took advantage of a difficult time in my life and took my two little boys from me. I was not working at the time and living in my parents house with my two children. I had to go into court to fight him without an attorney and I lost. Needless to say,...

My boys were taken by my husband out of state [ 2 Answers ]

My husband has taken my boys out of the state. I had found my husband doing really bad drugs, then he was suicidal, then he up and took off with the boys with no clothes or even shoes for my 3 year old. The police have told me that they cannot help since we are married so I borrowed part of the...

View more questions Search