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cpratt73 · Mar 20, 2012, 11:58 AM

I have a friend that had a permanent injunction placed against him that made it impossible to see his child any longer. He has tried to get this overturned but is always told by lawyers that the effort is futile. He later signed a paper for her terminating parental rights for the purpose of her new husband adopting. He has not paid child support since that day. We have learned that she was never adopted or any papers filed terminating his rights. He want to see her and always did, it just seemed so hopeless. Is there any avenue to follow that would have his rights restored and is it even possible to get this injunction lifted?

JudyKayTee · Mar 20, 2012, 12:22 PM

Why was the permanent injunction filed?

Without an Attorney this is pretty much impossible.

cpratt73 · Mar 20, 2012, 12:27 PM

Here is the kicker. The mother of the child filed and injunction as well as contacted DCF making accusations against the father that if founded would result in felony charges and rightfully so. The father was questioned and released and no charges ever filed. The mother again crossed the county line and made accusations again this time including frinds of the father as well as his current wife, again unfounded and no charges filed against anyone. At the court hearing on the injunction, she was asked the status of the investigation by DCF and she said it was pending when indeed it has been officially closed that same morning. The judge ordered the injunction. He has been unable so far to find the right attorney in my opinion. But if the only way to terminate parental rights is for the purpose of adoption and that adoption never took place then are his rights legally still his?

AK lawyer · Mar 20, 2012, 12:51 PM

Originally Posted by cpratt73

... But if the only way to terminate parental rights is for the purpose of adoption and that adoption never took place then are his rights legally still his?

It would seem so, subject of course to the injunction.

From what you are saying, you should be able to get the injunction quashed. Either you don't know the whole story, are not telling us the full story, or you need to find a better lawyer.

The allegation that an investigation was pending should not, in my opinion, have made any difference The judge should have heard testimony. Are you sure it wasn't just a temporary injunction?

cpratt73 · Mar 20, 2012, 01:04 PM

I of course am giving only exactly as it has been relayed to me by the dad. I was not directly involved in the case. I do know that the father has repeatedly sought lawyer consultations and told me they feel it will be costly and may not be a good result. SO he tells me. Now, I do not know if a consultation alone is enough? One would think they need all the previous court records to really make a statement as to whether it is worth proceeding. The papers for TPR were not done for more than a year after the injuntion and there were papers for stepparent adoption also. But we all know each other and the stepfather has never adopted the child and this is at least 3 more years ago now. I am guessing he just has not found the "right" lawyer.

JudyKayTee · Mar 20, 2012, 02:01 PM

I would try an Attorney who specializes in Family Law. The Bar Association will give you a referral.

Ask if there is a charge for that first visit and what it is.

Take ALL the paperwork you have and notes - don't waste the Attorney's time (and I know you know that) and make it about the facts, clearly and succinctly.

Sounds like the father got bulldozed under.

I'd keep knocking on doors. Fathers walk away. I always hope the Court is on the side of a father who wants to stay (or come back into the child's life).

I don't like personal comments on the legal boards BUT your husband is fortunate to have you.