Legal Question in Family Law in California
ok i had my parental rights terminated 7 years ago, one of my sons was put up for adoption. i have now been sober for 7 years, i have my 5 year old in my custody. i want to know if i can have my son back in my custody
2 Answers from Attorneys
Congratulations on being sober today and best wishes for tomorrow and every day after. Unfortunately if your son has been adopted, you cannot regain custody. Even if something seriously wrong and illegal happened in the termination of parental rights and adoption, I am 98% sure it is way too late to do anything. And even if it were not too late, you would have to prove some very serious and illegal defect in the process back then.
If in fact there was an actual termination of parental rights and an adoption, you have no right to the custody or visitation with that child. However, once that child becomes an adult, your former son, can choose to have a relationship with you.
BARRY BESSER
www.besserlaw.com