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joelaws8
joelaws8, Lawyer
Category: Family Law
Satisfied Customers: 390
Experience:  I can answer general family law questions regarding the family code and procedure.
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My son was adopted in his youth, he will be 19 in August. Can

Customer Question

My son was adopted in his youth, he will be 19 in August. Can I contact him? He lives in Minnesota, I have been paying child support.I live in WA.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Since your son is now legally an adult, you should have no issue contacting or visiting him IF he agrees to the contact/visitation. Even if the child were a minor, the birth parent and adoptive family can agree to maintain contact or even maintain visits with the child UNLESS there's an order from the court or a stipulation in the adoption documents that would allow for the contact.....however, since the child is an adult, you should be clear to make contact.
Customer: replied 1 year ago.
Forgive me but I did pay for a more detailed response. Not one citation to Minnesota law. Common sense tells me he's an adult, I was more looking for a source, something more definitive.
Expert:  Roger replied 1 year ago.
Hi - it's going to be difficult to find any case law or statutory citations for something like this because it involves an ADULT....it's not likely there's much out there. If you were dealing with a minor, there would certainly be a great deal of information out there. Nevertheless, I'll be glad to opt out and allow someone else to help you out. Thanks and take care.
Expert:  joelaws8 replied 1 year ago.
Good morning! I am happy to help you. Really, the most controlling law here is your Constitutional right to freedom of speech. Since you live in America, you have the right to contact anyone unless ordered not to by a competent authority or statute.
For example (worst case scenario)...Janet gives birth to a child; Janet is unable to care for the baby, so she consents to an adoption. The child becomes an adult and Janet decides she wants to establish a relationship with her biological child. She reaches out to her (now adult) child. He shuns her and tells her he wants nothing to do with her. She then shows up on his doorstep, his place of business, and calls his home repeatedly. He then goes and gets a restraining order against her. At this point, Janet can no longer contact him only because there is a restraining order by a court ordering her not to. Up until then, she had the right to contact him since there was nothing that said that she can't. Roger was correct in stating that there is no statutory provisions regarding this exact situation, and that is because laws are restrictive as opposed to permissive. In other words, laws tell us what we can't do - not what we can. Therefore, unless a court has ordered you to never contact this child (which would be highly unusual and probably outside the court's jurisdiction), then you are legally able to contact the child. Based on my experience, however, I do recommend that you coordinate this reunion with his adoptive parent(s). However, there is no law requiring you to do so.
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Thank you very much,
Joe
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