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Edmen · Mar 14, 2011, 05:59 PM

I just filed a Motion to Enforce Physical Placement and had the hearing scheduled. I just received a letter from the court commissioner stating that I have lost my parental rights, attached was the letter the Mother wrote stating the same thing.

The letter stated that my rights were terminated as of Nov 2010, and her new husband has adopted my daughter.I was never served or informed of anything regarding this, otherwise I would have fought it.

Other info: I always had problem getting my daughter, cause of the mother wouldn't let me. She moved about a year ago and I was unable to find her or any of her family members at all. Finally, I found where the mother's mother lived and had the papers served there.

Please help! I don't know what to do.

Synnen · Mar 14, 2011, 07:14 PM

HOW were you served?

If you were served notice of termination via publication, and you can PROVE that she knew where you were, then you have a possibility of getting the adoption overturned.

Get a GOOD lawyer, though, or you will have very little chance of it happening.

Fr_Chuck · Mar 14, 2011, 08:01 PM

You will need an attorney,

You will have to prove that you were not served and that the mother knew where you lived. If the mother did not know how to find you, and did it by publication, it may well be legal.
But trying to prove improper service is about all you have now to contest the adoption

Edmen · Mar 14, 2011, 08:46 PM

Thank you both very much. I have a better idea of what to look for in the documents and what I would have to do now. The only thing now is to find an attorney that I would be able to afford.

ScottGem · Mar 15, 2011, 03:56 AM

Was your hearing canceled? What you need to do now is to file a motion to overturn the adoption and your TPR on the grounds that you were never informed of or consulted about the adoption.

While an adoption is normally final, this is a step parent adoption. Unless the mother can prove absolutely that you were properly informed about the adoption proceedings, then there is a high probability this will be overturned. In fact, if you can prove the mother moved without informing you or the court in defiance of a valid court order allowing you visitation, then the courts are likely to be very hard on her.

If the circumstances are as you have described and you can prove it, then even a decent attorney can do this. I might even say you could do this pro se, but the likelihood is that the mother will have her own attorney and, if you go up against an attorney pro se, you will have a much harder time. Especially if she uses the attorney who prepared the adoption, because his standing will also be on the line.

Good luck and keep us posted.