Legal Question in Family Law in California
How can I get my child back after an adoption is final?
My daughter's father took her from my home when she was only 3 months old. I tried to get her back but the police said there was nothing I could do because we had not established custody. He came to me 6 months later with some visitation papers. I signed them under duress being that de denied me phone calls and visits with her. I only wanted to see her! I, regretfully, failled to read ALL of the papers I was signing. I later got a copy of those papers and I saw that I had signed a ''STEP-PARENT ADOPTION'' form that he slipped into the pile. The Adoption became final in June 2004. I was not notified of court date. Since, I've seen my child one time. He denies me my own child. Keep in mind that I had my child in the state of Ohio and came back under false pretences to alloy her father to be a part of her life. The out-come....He stole my child and I've seen her about 6 times in almost 2 years because he refuses to let me be a mother to her. He did not allow me to be with her on her first Halloween, Thanksgiving, Christmas, Birthday, Easter, and so on. His removing her from my home happened in june 2003. I want to go to court to get her back immediatly. How can I get my daughter back and do I have a good chance? Keep it bluntly! Help!!
2 Answers from Attorneys
Re: How can I get my child back after an adoption is final?
Let me get this straight. He took your 3 month old baby. You never went to court to try and get custody. You sat on your behind for 6 months and then signed away your parental rights, you claim you did not read what it was you were signing. You never consulted a lawyer or filed any papers with the court for what, 14 months now. Now you would like to persuade a court that you did not know what you were signing. Maybe this is all true, but I don't believe your story, and I doubt that a judge would, either. Even supposing you had videotape of him holding a gun to your head while you signed the adoption papers, people are going to wonder, as do I, if you really love your daughter, why on earth didn't you ever take him to court? "The law helps the vigilant, before those who sleep on their rights," or in other words, you snooze, you lose. Cal. Civil Code � 3527.
Maybe yet a court might vacate the adoption, but I am not optimistic. Here is some hope. Cal. Family Code � 9102 provides that "an action [lawsuit] to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, shall be commenced within one year after entry of the order. An action or proceeding of any kind to vacate, set aside, or nullify an order of adoption, based on fraud, shall be commenced within three years after entry of the order."
Even so, the court is going to consider the best interests of the child and you should expect hard questions as to why you did not see or financially provide for your daughter for such a long period of time.
If I were you, I would consult a family law attorney and/or file papers with the court -immediately-.
Re: How can I get my child back after an adoption is final?
Who was the step-parent? The father's new wife? If that is the case, it would be hard to prove to the Court that it is in the child's best interest to be taken away from an intact family.
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