Legal Question in Family Law in Texas
Suing an Adoption Agency
I had a child with a female in Austin, Tx. With out me knowing, she signed away her parental rights and placed the child for adoption. When the adoption agency notified me, to have me sign away my rights, I refused. I then filed suit against the agency to abtain custody of my daughter. When they receied the suit, they then released my daughter back to the mother without me knowing anything. I would like to know if I have any civil recourse with the adoption agency. Can I sue them for emotional distress and the time I've lost with my daughter. I still haven't received any form of visitation.
2 Answers from Attorneys
Re: Suing an Adoption Agency
The answer to your question is going to depend on a number of things. What the agency was told by the mother, whether it was true, and when the agency was told what all will be important. I'm sorry to be so vague, but what you should do is get together all your paperwork and go see a lawyer so that all the details can be known.
Re: Suing an Adoption Agency
It appears that you really need information at to your situation concerning the adoption agency, the mother of the child, and the child. Is there a reason that the attorney who filed the suit against the adoption agency cannot answer these questions?
As to the possibility of a suit against the adoption agency, much more information would be necessary for an attorney to evaluate your rights. If they returned the child to the mother immediately upon learning that you would not consent, then they probably did what was appropriate. If not, then the specific facts of the case will determine your rights. I would suggest getting an attorney immediately because your actions now might determine the ultimate result.
As to the mother and child, unless there are facts that you have not mentioned, you should be able to obtain visitation rights. Of course, you are likely to be required to pay child support, also.
Since the child is in Austin, venue for the case will likely be in Austin also. If you are in town, please call my office (477-6200) if you would like an appointment. If you are out of town, I would do a short telephone consult to see if there is any way that I could help you.
Good luck.