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Question

I had a son with an ex-girlfriend. I signed the affidavit of paternity the day after he was born. (I live two states away). After this I entered the military. I asked her for the birth certificate in order to get insurance for the child but she would not provide me a copy. Over the next year she sent a few emails with pictures but I was never afforded the chance to visit. There was no child support order however I sent 400 a month to her parents address. I also sent birthday and holiday cards along with extra money so that the child could have a nice holiday. When I tried calling a year later the phone had been disconnected. The child was born in 2004 and the last time I heard from her was 2005. I tried looking her up but there was no phone number. I tried emailing but she did not reply. In Oct. I received a termination of parental rights summons in the mail stating willful abandonment. I contacted a lawyer in the county in which it was filed and talked to him about it. I told him that I would not contest it if the reason was for adoption. He told me he would take care of it. I did not receive a letter with the court date until the day before the hearing. The lawyer also called me and said that he found out that someone was willing to adopt and that he would take care of it. At this point I thought he was representing me stating that I would not contest this for an adoption since the child didn’t even know who I was. He also advised me to stop sending money. He did not call me after the hearing.   The next day I emailed his paralegal and she said my parental rights had been terminated and sent me a copy of the order. The order stated that I had written admitting to the allegations of willful abandonment and that I was asking the court to terminate my rights. I asked her if this was considered voluntary, she said she thought so but would have to check with the attorney. This was in Dec. I never heard back. I called yesterday and asked again and she said that it is considered uncontested. I asked if indeed the child was adopted and she said she didn’t know and since my rights were terminated I didn’t have a right to know. I feel like something went terribly wrong here and I don’t know what to do.

Submitted: 277 days and 5 hours ago.
Category: Family Law
Value: $15
Status: CLOSED
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charlotte, North Carolina

Posted by Daniel Solutions 277 days and 5 hours ago.

Answer

Wow, Im sorry to hear about your situation. That was not the best way to handle things but Im not saying it was your fault.

It sounds like your parental rights were terminated since you receive an order from your attorney stating as much. However the attorney should have confirmed definately that the child was going to be adopted and did infact be adopted to someone. Its true you are not entitled to know the new parents and at this point it will be almost impossible for you to determine if the child was infact adopted because once an adoption in processed the file is sealed and can only be open upon order of a court. The only thing you can do at this point if try to find out from the paralegal or attorney what they know about the adoption but there is not way to obtain the information from an agency or court because the records are sealed.

277 days and 5 hours ago.

Reply

My other issue here is that the attorney wrote saying that I admitted to all allegations. Which I did not. Can I do anything about this?

Posted by Daniel Solutions 277 days and 5 hours ago.

Answer

It depends. If the attorney just wrote a letter stating that you admitted to all allegations then that is unsworn statements that can not be held against you in the military or anyother situtation. However, If you signed something stating that you admitted to the allegations then that would be different and you may need to take steps to correct the error in the record. Based upon what you shared if I understand correctly, the attorney wrote the letter to you stating that you admitted to all allegations and that is not a sworn document and further it was not made by you.

277 days and 5 hours ago.

Reply

The attorney wrote the answer to the summons of termination (to the court). I never saw or heard of it until I got the actual order. I thought he was answering I would not contest since there was apparently an adoption.

Posted by Daniel Solutions 277 days and 5 hours ago.

Answer

The Answer was submitted to the court but so long as you didn't sign it then it can be challenged if you wish. It will be difficult because each person will ask you why you're doing it unless you're trying to restore your parental rights. However, to have the case reopenned and to be able to supply a corrected pleading (Answer) you will need an attorney. I suggest you contact the local attorney bar association and ask for a listing of attorney who practice in the area of either adoptions or family law.

277 days and 5 hours ago.

Reply

Thank you! So I should not use the same attorney right?

Accepted Answer

NO... Do Not Use the same attorney. Even if the attorney wants to help you it seems like he failed to communicate everything with you the first time and remember the old says.... Fooled Once, Sham on you. Fooled Twice, Sham on me.

It's time to have a set of fresh hands on your file.

I wish you luck.

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Expert: Daniel Solutions
Pos. Feedback: 98.9 %
Accepts: 
Answered: 2/19/2009

Divorce Lawyer

Practicing Attorney for over 15 years and College Professor for over 10 years

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