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AttyCBradford
AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 617
Experience:  Attorney At Law
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In 1997 I was in prison about 450 miles away from my home in

Customer Question

In 1997 I was in prison about 450 miles away from my home in Tennessee. I received a furlough for my the birth of my daughter. After 16 months, I was returned to prison. I am from East Tennessee and my location was West Tennessee. Several times I received paperwork for my (ex)wife to adopt out my daughter to a couple in Wise County Virginia. I ripped that paperwork up and returned it to the lawyer every time, as I signed NOTHING to allow this adoption. My mother, at the time of my incarceration, had temporary custody, as my (ex)wife wasn't fit to take of herself, let alone a child. She came to my mother's home, told her she was taking the child to see her other grandmother, and never returned her. I recently found my daughter after all these years and we want to have a parental relationship with her, however, the people that adopted her have put a restraining order on myself, my mother, my wife, my 15 yr old son, and my 17 yr old daughter for upsetting their "family harmony". The attorney, my (ex)wife, and the adoptive couple knowingly presented to the judge someone other than myself (impersonating) who signed all rights to my child away. I am now interested in regaining custody of my child and filing federal kidnapping charges against all parties involved. What paperwork must I start with to get the ball bouncing, as I intend to represent myself?
Submitted: 1 year ago.
Category: Legal
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford : I am sorry to hear that you are going through this situation. I recently dealt with a wrongful adoption case where the father was not notified. It truly happens more than everyone realizes. You should consider filing the civil complaint against everyone for fraud, conspiracy, wrongful interference with a parental relationship, intentional and negligent infliction of emotional distress. The number one step will be over coming any statute of limitations problems. Since you were aware of the child's existences you will have to prove that you did not come forward during the adoption bc you were incarcerated and then more importantly that when it was finally done the documents were fraudulent.
AttyCBradford : If you survive a motion to dismiss then you can begin discovery into the issue
AttyCBradford : If I have answered all of your questions please press accept and provide positive feedback so I will get credit for assisting you. PLEASE NOTE: this is a PAID answering service and we only receive credit for assisting you if you accept the answer. If you are not satisfied and need additional assistance, please ask before providing negative feedback and I would be glad to assist you further. Sometimes I am working with more than one customer at a time so please allow a chance to respond. Thank you and I wish you the best in your situation! I strongly suggest that you consult with a local attorney in your area on this matter. This information is provided for general informational purposes only and does not constitute legal advice nor has an attorney-client relationship been formed.
Customer:

If I have the proper paperwork to prove my whereabouts at the time, as I have spent 15 years looking for her, is it feasible to ask for the continuence?

AttyCBradford : I believe so yes. Especially since it was done fraudulently
Customer:

and I think then after filing the motion of discovery, it would be correct to then file the fraud, etc that you mentioned above?

AttyCBradford : You should included the fraud in your initial paperwork. You cannot do discovery of you haven't filed a civil lawsuit. If you need to amend your paperwork to include fraud then you can do so as well
Customer:

So when I go tomorrow for this restraining order hearing, I should ask for its dismissal, and then present my civil lawsuit to the judge at this time?

Customer:

And it should probably be filed BEFORE entering the courtroom for the restarining order hearing?

Customer:

restraining

AttyCBradford : No you should my mention the civil lawsuit tomorrow other than your intention to file one. This is a very complicated area of the law I would recommend having an attorney draft the complaint to avoid it being dismissed. As for the hearing tomorrow just present evidence as to how there is no need for it.
Customer:

Any particular paperwork I must have to have it dismissed?

Customer:

And it is appropriate to say I intend to seek counsel?

AttyCBradford : Anything you have establishing your parental relationship and or who was supposed to have guardianship. Also paperwork showing you we're incarcerated.
Customer:

Thank you, XXXXX XXXXX for your help....you deserve an excellent X 10 and I wish I cold let you know how it went, but I have a feeling I already know.

AttyCBradford : Thank you. Please don't forget to rate with positive feedback and accept the answer so I receive credit. Best of luck
AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 617
Experience: Attorney At Law
AttyCBradford and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I have went to the Virginia Judicial website and printed off the following things to be filed: cover sheet for filing civil actions,supplement to petition for expedited enforcement under Virginia code 20-146.29 of the uniform child custody and enforcement act, motion for genetic testing, motion and notice of hearing, and affidavit (uniform child custody jurisdiction and enforcement act), are those the correct documents I need to be presenting today PRO PER?

Expert:  AttyCBradford replied 1 year ago.
It sounds like you have the correct documents.

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