Legal Question in Family Law in California

Re: adoption rights

just because you were on drugs at the time you signed to terminate your parental rights does not mean that you weren't lucid at the time you signed your rights away. Using drugs is like drinking alcohol. You made the decision to use drugs (or alcohol) and therefore you intended all the reasonable and foreseeable consequences of your wilfull and voluntary act of using drugs.

No one forced you to use drugs. You voluntaryily signed your rights away. You knew you couldn't be a good mother to your child at the time you waived your parental rights. And finally, you waited three (3) years to try and come back to court to try to set aside your termination of parental rights.

I believe any court will think along the lines I set forth in the previous paragraph and because of those reasons, I think you will lose any attempt to show the judge that you should get your child back.

You voluntarily gave up your parental rights. You waited way too long to try to change the termination and adoption. You would have the burden of proof in court to show your waiver was not voluntary.

The upshot is that I don't believe that there is any way that you can get your kid back, short of showing that it is not in the child's best interests to stay in the custody of your ex, i.e. by showing that your ex is neglecting, abusing, etc. your child.

In other words, you have burned all your bridges behind you and have no chance at getting the child back.

Re: adoption rights

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If neither you nor your child's father was represented by an attorney it MAY be possible to set aside the adoption on one of several grounds. After three years, however, it will be difficult and expense with no guarantee of winning. Contact an experienced Family Law attorney in the county where the adoption took place (or where the parents and child now reside) for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.