Legal Question in Family Law in Kentucky
This is a very long and detailed question. So, please bear with me.
When I was 17 I signed my legal rights for my child over to my uncle. We had a verbal agreement that when I was stable, had my own place and could support myself and my child that those rights would be granted back to me. He has since gone back on that word and refuses to discuss the topic with me at all. I have stayed in contact with my son, visited regularly and am the only person he's ever known as his mother. His father was not involved in the adoption at all. I live in Kentucky but the adoption took place in Alabama. My question is, is there anything that I can do to get custody of my child back? Or is there anything my son's father could do because he never signed his rights over?
1 Answer from Attorneys
The question is, are you certain you actually adopted out your child, or did you just give legal guardianship to your uncle? I would find it difficult to believe an adoption took place without the consent of the biological father, but perhaps in Alabama, if paternity is not established consent is not required for an adoption. I wouldn't know.
If there was actually an adoption and the adoption took place in Alabama, and the child is still residing in Alabama, then any legal action you take to try to overturn the adoption would need to take place in Alabama. Kentucky does not have jurisdiction over the child, so Kentucky law does not apply here. Generally speaking though, if you give your child up for adoption, you voluntarily terminated your parental rights and you won't have any recourse to regain custody. Also, any verbal agreements made will likely not be upheld by the court. I would suggest you contact an attorney in Alabama for a consultation so you can discuss your situation in depth.
If, however, you just gave legal guardianship to your uncle, then you probably still have standing to regain custody. Again, you need to speak with an Alabama attorney to find out.
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