Legal Question in Juvenile Dependency in California

CPS placed my son for adoption 14 years ago. I did not deserve it and frankly I upset the whole department to the point where I was lied to about my hearing date. Long story short. I was contacted by the adoptive mom 1 month ago, She said she could not live with the guilt anymore and that my son had started questioning them at 10 to the point where he has not let it go and is now 16. We were reunited and it felt like a missing piece of was found, for both of us. He has moved in with me and is thrilled to find he has 2 sisters and 2 brothers, The adoptive mom signed a document stating that she wanted to terminate the adoption and it was in my sons best interest to be with me. I work in the legal field as a paralegal and I can't seem to find what documents I need to prepare to get my rights reinstated and custody back and the adoption terminated. I have asked a few other attorneys I know and they don't know either. Can you help


Asked on 11/09/15, 2:44 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

The questions that need to be asked:

1. Were your parental rights terminated in the CPS proceedings?

2. Was the adoption ever effective?

3. What EXACTLY was the nature of the order that was given to the �adoptive� parent?

When say you want to get the adoption terminated, does that mean there was a legal adoption? If so, there would need to be another proceeding in family court whereby you would file a petition to have the child re-established as your own child. As it stands right now, legally he probably has no connection with you. The fact that the �adoptive� parents have raised him suggests that they had full rights legal and physical for custody. They were, in that issue, fully �parents�. It can be undone with their cooperation, but it will take a few months and probably cost about $1500 in legal fees and costs.

If you did not have an adoption early on, and if parental rights were never terminated, then you would still be the legal parent.

Regards,

Scott Irvin Brear

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Answered on 11/09/15, 4:49 pm


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