Legal Question in Family Law in Utah
my ex girlfriend had her husband adopt my son without my consent. she contacted my sister once but would not say what she wanted and never called again. she knew how to get ahold of both my father & mother but never did. the last time I saw her she said I would never see him again & I havent. is what she did legal?
2 Answers from Attorneys
Is your name on the birth certificate? Did you sign an acknowledgement of paternity? If so, you should have been given notice of the adoption proceedings and given a chance to object.
You should have been notified if your name was on the birth certificate. You can petition the court to set aside the adoption if your name was on the birth certificate. If you name was not then you cannot do anything. A father has an obligation under the law to assert his paternity. If you had/have a relationship with the child you may also be able to use that fact to set aside the adoption. If you did not have a relationship then you were not acting like a father, and probably have no rights.