Legal Question in Family Law in California

Lost custody

I lost custody of my 8 yr old daughter 5 years ago due to prescription drug addiction and death of husband from prescription drug overdose. She was adopted by her paternal aunt/uncle. I attended rehab several times and continued to relapse which caused the loss of custody.

The adoptive parents have turned her against me and NEVER speak of me and if they do, it is always defamation.

My mother and father have grandparental visitation rights of 2 weeks per year (different state). She is afraid to mention me for fear of losing & having to battle visitation rights all over again. Advice or comments needed, but main question is at what age can my biological daughter request to live with me legally? I live in NC, daughter in CA.


Asked on 1/15/07, 12:37 pm

2 Answers from Attorneys

Judy Tseng Wake Law Office

Re: Lost custody

If your daughter has already been adopted, you have already lost your parental rights and can't just sue for custody or visitation. Since she is in CA, you should consult with an attorney in California.

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Answered on 1/15/07, 1:02 pm
KATHIE SIMMONS KATHIE SIMMONS

Re: Lost custody

You have no legal rights if your daughter has been adopted. The fact that your mother retains visitation rights is great in that you get a chance to stay informed about how she is doing. Do not ask your mother to pass messages. Photos of you may of course be displayed and she should feel free to mention how you are doing. When your daughter is 18 years old your mother may then give her information about you and it will be up to her if she wants a relationship. You need to continue to work on this issue in therapy. The loss of a child due to drug addiction is tough stuff and it doesn't help to pretend that it is going to be reversed when she is 12. No court is going to take custody away from the adopted parents in favor of the bio parent just because you finally got off drugs. A child can't wait for years for the parent. Instead, you need to wait until she is eighteen to try to make amends to her. Every day of sobriety that you will have on her eighteenth birthday is the best gift that you can offer.

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Answered on 1/15/07, 4:12 pm


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