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2 Bumps

Bio-father's rights after adoption

I placed my son for adoption the day after he was born. The father was in jail, headed for prison, and he did not want our baby to leave the family. But since he wasn't getting out any time soon, I explained to him that he had knocked me up and then screwed up badly and lost his chance (this wasn't a VOP or misdemeanor, this was armed robbery) to be a father. I signed the termination of rights, and his rights were terminated while he was still in jail. He had 30 days to get his name on a punitive father's registry and support me financially before losing his rights, he did not do it (probably was unable to because of being in jail). He has been sentenced 8 years and has said that he plans on hiring a lawyer while still in prison to get custody of the adopted child transferred to his mother so that he could raise the child when he was released. Can he (and grandma) do that? Do they have any rights? And if they did manage to restore his parental rights, would they give me (not a felon, drug addict, armed robber, no prison record, successfully raising my older daugther) preference over him and his crazy mother? I don't want this baby going to him, he's crazy and violent (this is not his first prison sentence) and that was one of my main reasons for doing the adoption. Do I have to live in fear of this little boy ending up with him? Or once the TPR forms are signed that's all she wrote?

Answer Question

Asked by Anonymous at 5:14 PM on Mar. 28, 2011 in Adoption

Answers (13)
  • If he can prove he was unable to do anything because he was in jail or was not properly served they can reverse the TPR on him. And yes at that point he is the only parent because you signed your rights away and he would have 100% say as to where his child would live and who would raise him until he was released. If I were you I would get a lawyer and see what you can do to prove he had notice and prevent it.

    Answer by gemgem at 5:16 PM on Mar. 28, 2011

  • He was properly served, and he could have asked his mother to send me money. All he did was call my cellphone and make threats. This really scares me, my lawyer says he doesn't have a chance but I'm not sure.

    Comment by Anonymous (original poster) at 5:21 PM on Mar. 28, 2011

  • Just listen to your lawyer. He knows more then I would anyway. If you arent sure get a second opinion. Good luck!

    Answer by gemgem at 5:22 PM on Mar. 28, 2011

  • I dont know but wanted to say that you are a strong woman to know youcan not care for a chid you carried and give it up! I hope the baby can stay with the adoptive parents doesnt sound like Bio day would be to great of a role model! Praying for your baby!

    Answer by rebeccadac at 5:29 PM on Mar. 28, 2011

  • From what I understand, if a parent is incarcerated for more that 12 months, that is enough reason to terminate parental rights. It's completly legal. He can get a lawyer, but they probably won't take the case.

    Answer by Musicmom80 at 5:52 PM on Mar. 28, 2011

  • If this were me I would have no contact with this man. No responding to threats and, if legal in your state, record all phone calls. If he threatens you, or his mother does, it will not hold up well for him. After eight years my guess is he had little chance. If hecwascproperly served the jail could not deny him opportunity to take care of his legal issue. He would first have to prove the jail violated his rights. Umm...yeah. Good luck with that. Even if they did they will never admit it. And so he is up shit creek with no paddle. Quit giving him the time of day. Let him try through his lawyer. Oh let me be real here, probably not going to find a lawyer to take this winner on and most likely he does't have the dough for one either. Ignore, walk away, and let his lawyer do the work. If and when then start to deal with it. Plus I don't anticiapte adoptive parents doing nothing - they will fight it. And win.

    Answer by frogdawg at 5:57 PM on Mar. 28, 2011

  • I'm not sure if he would have a case, but I do know that you have relinquished your rights so the court would not return the child to you. The only way that could get her back is if he wins custody and then allows you to adopt her back.

    Answer by onethentwins at 8:45 PM on Mar. 28, 2011

  • Just added information, I was not forced to sign the TPR. I have another child (not with same father) and she is very well taken care of and CPS is not in my life at all. I am not a felon or a druggie or antying like that, my biggest problem is a taste for dangerous men.

    Comment by Anonymous (original poster) at 10:22 PM on Mar. 28, 2011

  • I HIGHLY doubt a judge is going to give a child to a repeat felon who is STILL serving.

    I really do not think you or the babys parents have anything to worry about.

    Answer by Anonymous at 11:52 PM on Mar. 28, 2011

  • It doesn't make a difference that you signed voluntarily, unfortunately you are still a legal stranger to your daughter and have no more legal right to her than I do. Sorry.

    Answer by onethentwins at 2:38 PM on Mar. 29, 2011

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