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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My brother was in jail short time in Alabama, and during

Customer Question

My brother was in jail for a short time in Alabama, and during that time his ex wife had his parental rights removed. What are my brother's options as to how to go about attempting to regain his rights to see his son? His son has since been adopted by the ex's new husband and has been given a different last name. My brother has straightened his life out and doesn't know what to do about this. any advice would be very greatly appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

Even though your brother was in prison, he should have received notice of the parental termination proceedings and the adoption. This would have been his opportunity to object and respond to her request. If he did not receive notice of the parental rights termination action he can definitely file an objection at this time. He has the absolute right to be notified and failing to do so is a violation of is due process rights.

Customer: replied 1 year ago.
Its been a little while since it happened. Is there a time limit on this kind of thing? None of us knew about it until it was already done. My mother was being allowed to see the child by the child's mother, but she took him to see my brother and now the mother will not allow my mother to see him a tall. I'm not sure if my brother received any notification as this is small town stuff and his ex wife's family is connected to the judge who made the ruling through family ties. It's all as crooked as a politician.
Expert:  mmdesq replied 1 year ago.

If he received notice and failed to respond then there will no be much he can do. If no notice then he should challenge.

Customer: replied 1 year ago.
Thank you
Expert:  mmdesq replied 1 year ago.

Your welcome