Legal Question in Family Law in Florida
Adoption without parental consent
After divorcing, my daughter was pressured (physical threats and mentally) by her ex to give up her 2 children (2,3) for adoption to the new stepmother. Because of military obligations of her new husband, my daughter moved to another state, was not allowed to take them with her (they had joint custody)and was not allowed to contact the children because they would become confused, but all of the adults involved spoke on the phone. They mailed the consent papers to her promising her that she may see the children but she refused to sign them and they did the adoption without her consent. Then they told me that I had no grandparent right to see them any more and my daughter would never see them again. My daughter also has a daughter who is 1/2 sibling to them. I tried to ''be nice'' to be allowed to see them with my granddaughter, but they discourage any consistancy and my granddaughter is not allowed to speak her mother's name in their presence. My daughter has returned to Fl. Can an adoption be reversed?
3 Answers from Attorneys
Re: Adoption without parental consent
The concept of adoption is to make life better for the children. It apears here that the adults are the players and the kids are the pawns. I know of no legal avenues that are available to reverse the process. This assumes that all proper steps were taken through court. Your lawyer may petition the court to unseal the confidential records, if you intend to pursue. Otherwise, accept what has happened.
Re: Adoption without parental consent
Unless a court terminated her parental rights, then your daughter's children could not be legally adopted without her consent. If a court did terminate her parental rights, then she should have been given notice of the proceedings.
Have her schedule a formal consultation with a lawyer. Most attorneys either provide a free, or charge a nominal fee, for an initial consultation.
Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.
Re: Adoption without parental consent
Unless there was fraud or serious error in the adoption process, it cannot be reopened for review. Presumably, your daughter did not appear in court or object to the adoption; therefore, her written consent was not required. The objective of adoption is to promote the welfare of the child. Unfortunately, the parental rights of your daughter, and your grandparental rights, were removed by the adoption. Lawyers hear such accounts often, a reason why we advise parents to consult with an attorney or family-oriented agency when parental rights are involved.
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