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3 Bumps

Adoption. Appeal.

My husband and I have been fighting my son's father for my husband to adopt my two boys. To make long story short it started 18 mos ago. and countless court days! We went to trail in July and got papers the other day that my son's fathers rights were terminated by the courts and my husband was now there legal dad. Adoption approved!! The bottom said this adoption is FINAL and revocable. So I changed the boys last names every way, put them on my husband insurance and did signed the new adoption birth certs. Those are held in the courts for 30 days. Well today I get a phone call from the bio dad saying that he is suing the courts for not offering him a free lawyer and for violating his civil rights by terminating his rights. He was as every!! court case and even denied a open adoption with my husband. He also stated his is appealing the judge discusion. What happens in a appeal and do you think he will win the appeal. We proved our facts in court. We didn't have a lawyer. We Live in MA! Any help would be nice Thanks!

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Asked by r00j04j08 at 7:14 PM on Jan. 31, 2012 in Adoption

Level 16 (3,000 Credits)
Answers (4)
  • I'm not sure what the law says, but if he voluntarily signed away his rights without coercion or fraud, I don't think he has much of a case. The courts don't just terminate rights without cause (this is not to say that they don't ever make mistakes, but I don't think they just terminate unless there is a strong reason to do so).

    Answer by Iamgr8teful at 1:13 AM on Feb. 2, 2012

  • As far as them not offering him a lawyer for free, they only have to offer it if it's a criminal case. For family cases, most states (if not all) have self help programs (though most will not give you a lawyer for free) but you have to seek it out for yourself. I couldn't afford an attorney when I went to court for my DD's custody issue but there was a self help line I could call to ask questions. He first will have to apply for an appeal. If he does get an appeal then he has to convince a judge that something about this case was handled incorrectly or unjustly THEN only if he wins his appeal, then you start at square one.

    Answer by JLS2388 at 5:06 AM on Feb. 4, 2012

  • I saw your question the other day, he is trying to make you upset,, they don't provide free lawyers for adoption cases. Does the paper say irrevocable, not revocable,,? FINAL is final,, did he show up to court? I really think you should consider a restraining order.

    Answer by kimigogo at 11:22 AM on Feb. 9, 2012

  • what did he do so terribly enough to have his rights terminated and have another mans name put on his kids birthcertificate?

    Answer by WhyIstheworld at 11:34 AM on Feb. 9, 2012

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