adoption question

My husband's parents had to adopt his daughter 10 years ago when the mother was turned in for child neglect. My husband was in the Navy and out on one of his cruises when it happened and was found guilty of it too because he was not there to stop it. Now that we have been married for a year there has been serious talk of him trying to leagally get her back. What can he do to adopt her back from his parents?

Originally Posted by lost

My husband's parents had to adopt his daughter 10 years ago when the mother was turned in for child neglect. My husband was in the Navy and out on one of his cruises when it happened and was found guilty of it too because he was not there to stop it. Now that we have been married for a year there has been serious talk of him trying to leagally get her back. What can he do to adopt her back from his parents?

since he was found guilty of child neglect, he has a very slim to none chance of adopting this child.

Originally Posted by lost

My husband's parents had to adopt his daughter 10 years ago when the mother was turned in for child neglect. My husband was in the Navy and out on one of his cruises when it happened and was found guilty of it too because he was not there to stop it. Now that we have been married for a year there has been serious talk of him trying to leagally get her back. What can he do to adopt her back from his parents?

Before your husband's parents could adopt the court had to have terminated the parental rights of both your husband and the child's mother.
Once a TPR has been done and an adoption finalized there is no way to change that. Your husband is legally his former child's brother now and always will be.

The ONLY hope he has is IF the conviction for neglect and TPR/adoption was done recently AND he can PROVE that it was done fraudulently. He will definately need an attorney for this though.

Is it possible to have that charge lessened to where he could get her back?

If so would it have to be done in the state where he was convicted or can it be done where we live now?

Originally Posted by Unregistered

Is it possible to have that charge lessened to where he could get her back?

If so would it have to be done in the state where he was convicted or can it be done where we live now?

At this point, the problem isn't the charge. The ONLY two problems that are relevent is that parental rights were terminated by the court, and an adoption has been finalized. As was advised before, there is only one hope and that would be to prove that the TPR/adoption was done fraudulently.

Maybe this will help if I ask some questions:

How long ago was the TPR done?

How long ago was the adoption finalized?

Were both parents properly notified of the legal proceedings?

Did both parents or just the father legally object to the TPR/adoption within the allotted time after legal notice?

Was there a court hearing in which the father appeared and stated his case?

Was the conviction the only reason for the TPR/adoption?

Was the father up to date on CS?

Was the father actively involved in his child's life?

The answers to those questions will determine if the father has any possible case or not.

Originally Posted by Unregistered

At this point, the problem isn't the charge. The ONLY two problems that are relevent is that parental rights were terminated by the court, and an adoption has been finalized. As was advised before, there is only one hope and that would be to prove that the TPR/adoption was done fraudulently.

Maybe this will help if I ask some questions:

How long ago was the TPR done?
9-10 years ago, his daughter will be 11 in February

How long ago was the adoption finalized?
about 8 years ago (I don't have all the paperwork with exact dates, sorry)

Were both parents properly notified of the legal proceedings?
Yes, when his wife (at the time) was turned in for negelect he was brought in too. They said that in the state of California, no matter what, both parents are charged if they are married.

Did both parents or just the father legally object to the TPR/adoption within the allotted time after legal notice?
I'm not sure what his ex-wife did, but I know that he did try to fight it and go to trial, but his lawyer told him that he just needed to plead guilty otherwise all the activist groups would get involved and he would end up in prison.

Was there a court hearing in which the father appeared and stated his case?
Yes, he didn't know what his wife was doing at home while he was out to sea. He took great care of his daughter when he was home, but couldn't help it when he was gone.

Was the conviction the only reason for the TPR/adoption?
Yes

Was the father up to date on CS?
Do you mean child support? He was married to her mom.

Was the father actively involved in his child's life?
Yes, he was there for her and the other kid that his wife had. He was always there for his family when he wasn't out to sea. He is still a part of her life and with her everyday. We would just really like for her to be legally his again so she can live with us.

The answers to those questions will determine if the father has any possible case or not.

I hope this helps...thank you for taking the time to answer my questions.

Originally Posted by Unregistered

I hope this helps...thank you for taking the time to answer my questions.

I'm sorry, I only had to read your answers to the first 2 questions to realize that your husband has no case at all. Reading the answers to all the other questions just cemented things.

After this many years, there is no way that any court will even hear anything concerning the case. The time for your husband to have objected or try to do anything was right after the TPR and adoption. It is simply too late now.

Could his family do the internal adoption thing where his parents put his daughter up for adoption and he adopts her back?

Could something like that work since too much time has gone by to fight his original case?

Thank you...

Originally Posted by lost

Could his family do the internal adoption thing where his parents put his daughter up for adoption and he adopts her back?

Could something like that work since too much time has gone by to fight his original case?

Thank you...

Normally, I would say that if his parents would agree to an adoption it might be possible for him to adopt. However, in this case I seriously doubt that is an option only because of the neglect conviction. I really don't see a court allowing anyone with that kind of a conviction to adopt under any circumstances.

However, stranger things have happened, so if the parents are agreeable, your husband might want to get a consult with an adoption attorney in your area to see if it is possible even with the conviction.

Originally Posted by Unregistered

Normally, I would say that if his parents would agree to an adoption it might be possible for him to adopt. However, in this case I seriously doubt that is an option only because of the neglect conviction. I really don't see a court allowing anyone with that kind of a conviction to adopt under any circumstances.

However, stranger things have happened, so if the parents are agreeable, your husband might want to get a consult with an adoption attorney in your area to see if it is possible even with the conviction.

Is it possible to have the felony conviction lessened?


You have been a great help, I thank you so much for taking the time to answer my questions. I once posted on another site and I received nothing but rude comments, so thank you again!