Legal Question in Family Law in California

Re: Appeal of Adoption and foster placement

3 years ago huh. If the kid has been adopted I seriously doubt you are going to be able to go back and overturn anything. My guess is from the Court's perspective service of process was properly completed. Although it is possible that California law provides otherwise (I am in Ohio).

However, you might wish to check on the current custodial status of the children by contacting the agency that originally took a commitment. It is possible than one or both of the children are still in foster care. Depending on the circumstances they might be just as happy once they learn the circumstances, to give the kids back to you. Foster care is not generally favored as a long term placement.

Don't expect miracles though. Even if the kids are in foster care is no guarantee of return. If they have done well and are bonded, you are going to face a fight with the court appointed advocate for the child most likely. And the court may not be inclined to transfer custody in that situation. I would check both with children services (or whatever name it goes by) and also with an attorney.

Re: Appeal of Adoption and foster placement

Your statement of facts does not include andy contact with the children. If you had been in contact with the children during the past 3 years you would have known about the court action.

California civil code section 473 sets forth the provisions for setting aside a default. That code section gives you 6 months from the date of entry of the judgment. If you do not have knowledge of the court action and knowledge of the hearing was kept from you by the other party or the other party's agent then the judgment can be set aside more than six months after the judgment is entered. However, a requirement of this section is that you did not know of the court action or could not have learned about it by reasonable diligence. If you have not visited your children in three years, I would suspect that it would be very difficult to convince a court that you could not have learned about the court order, had you been reasonably diligent.