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if cps stripped your rights

Anonymous
Posted by Anonymous
  • 17 Replies
Can you get them back?

DN (niece) was in foster care until my sister was able to take her, legally adopted.

Her father is on a rampage, wanting her back. It's been about 3 years now since the adoption went through. He's on the birth certificate, but in order for my sister to adopt, his rights would've been stripped as well right?
Posted by Anonymous on Sep. 25, 2015 at 10:08 AM
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Replies (1-10):
bluebunnybabe
by kid crack dealer on Sep. 25, 2015 at 10:10 AM
I would think his rights were terminated. Does she have the paperwork? It should say all of that in the court papers & if it isn't clear, she should be able to consult with a lawyer for around $100.
Anonymous
by Anonymous 2 on Sep. 25, 2015 at 10:10 AM
Yes. His rights had to have been legally stripped either willingly or otherwise. An adoption can not go through if both legal parents do not have their rights taken away, even if he didn't have any type of custody.
My dh adopted my DD, and even though my ex never had custody of her he had to sign away his rights.
Manic_Sinner
by 5/27/2018🤰🏽 on Sep. 25, 2015 at 10:11 AM
Once your rights are terminated you can't get them back. Both of their rights would have to be terminated for the kid to be adopted. It's been three years, no judge with brains is going to strip a kid from their happy home just because the dad pops up. That wouldn't be in the child's best interest.
goldpandora
by Ruby Member on Sep. 25, 2015 at 10:11 AM

Once a child has been adopted the birth parents cease to exist in the eyes of the law. 

What is the father's excuse for being out of the child's life for so long?

Anonymous
by Anonymous 3 on Sep. 25, 2015 at 10:13 AM
Did your sister notify the agency of who the father was prior to adoption?
Anonymous
by Anonymous 4 on Sep. 25, 2015 at 10:13 AM

If hes on the BC then yes, his rights would have been severed. Although if he wasn't able to be contacted somehow and wasn't aware of the adoption, it might make things a little more difficult.

firespurity
by on Sep. 25, 2015 at 10:15 AM
He can only get his rights back if something illegal took place while taking them. (Was denied due process, no attempt to contact type stuff). Have a lawyer review the case and determine if there could be any issues. Rarely, it does happen. :\
Anonymous
by Anonymous 1 - Original Poster on Sep. 25, 2015 at 10:16 AM
Legit excuses- drugs and prison.

His excuses- bc no one would bring her to him, either where he lived or when he's in jail.

He's seen her a few times though and always makes promises that he doesn't keep and it just breaks her heart. My sister won't let anyone on his side see her. The only one who was able to was her other aunt and she passed away a few months ago. She was the only one who wasn't into bad things. Bc of that, he's going around telling ppl that he'll get his daughter back, etc.

Quoting goldpandora:

Once a child has been adopted the birth parents cease to exist in the eyes of the law. 

What is the father's excuse for being out of the child's life for so long?

kelly617
by Ruby Member on Sep. 25, 2015 at 10:18 AM

No...his rights had to be terminated before the adoption went thru....
once your sister adopted the child she is legally her parent...

So no..he can't get her back

Anonymous
by Anonymous 1 - Original Poster on Sep. 25, 2015 at 10:20 AM
Yea. If i remember correctly, they both had to go to court. I know my sister (her mom) had a parenting plan in order to get her back, but never finished it. But idk about him. My sister died years ago though so i can't ask her. My other sister (who took custody) is trying to look for the paperwork.

Quoting Anonymous 3: Did your sister notify the agency of who the father was prior to adoption?
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