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My husband is in prison and gets out March 2018, While he…

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My husband is in prison...
My husband is in prison and gets out March 2018, While he was in prison his son’s mother, lost their son to CPS, his mother got him out and now has adopted him. He was never brought to court to sign anything, nor was he informed. Can he get his son back?
Submitted: 7 months ago.Category: Family Law
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Answered in 11 hours by:
12/23/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,895
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

In order for him to have no further parental rights to the child, they had to properly terminate his parental rights. That means he was entitled to notice they were seeking to terminate those rights. If they did not properly terminate his parental rights he would retain those rights together with the adoptive parent. So he will need to file in court to seek custody of the child back based on how this whole situation occurred. If they did improperly terminate his parental rights he has to get them reinstated first, but if they never terminated his parental rights, then he would have joint rights to the child with his mother.

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Customer reply replied 7 months ago
Thank you, ***** *****’s rights of their son where terminated due to her no complying with what the court required. As for my husband he was incarcerated for a dui and was never even brought to court, they did do 2 over the phone hearings, which I was present when they did them, and they where in the beginning of their son being taken away. He does talk to his son and his mother he was the one who adopted him, but he wants his son back and was never even given the chance to have any say in anything, so I would assume they would of had to bring him to court to notify him of his rights being terminated. His mother was the one who was told. Also, the reason the mother lost him in the first place was because her other son 2 months old passed away, the police went to the house and found drugs, charged her with abuse and neglect, and dangerous drugs for sale. The drug chargers where dropped due to they had no search warrant or consent. Also, a year later they found out that her 2 month old died of a acute toxicology overdose of methaphatmine. She still is going to to court (3 years later) but It still only shows her being charged with neglect and abuse, now your saying in March he can file court papers to get his rights back?
Customer reply replied 7 months ago
I have the case # ***** her charges if needed, but my concern isn’t her, It’s about his rights and his son.
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

If they terminated his rights without notice to him, then as I said above, that would be an improper termination of his rights and as such, yes he has a right to go to court to get his rights reinstated.

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Customer reply replied 7 months ago
How Can I find out what the process was for his rights being terminated? Or court documents?
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply. I hope you had a good holiday.

You have to go to the clerk of court's office where that case was filed and you have to look in the file to see if there is a termination of parental rights form in the file. If they did not terminate his rights properly or at all, then he has a case.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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