QUESTION
Can I get visitation rights to my child even if she is already legally adopted?
Asked on Oct 17th, 2011 on Child Custody - Oregon
More details to this question:
I want to get visitation of my child, but the mother of my child gave up all her rights to her and allowed her mother and stepfather to adopt her. Is there anything I can do? I went to court the other day and the judge said because I was not legitimized I could not do anything and allowed them to adopt my child what can I do?
8 ANSWERS
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
That is correct. You have no standing.
Answered on Jul 03rd, 2013 at 2:02 AM
Steven D. Dunnings
No.
Answered on Jun 02nd, 2013 at 10:22 PM
James Albert Bordonaro
It largely depends on timing and whether you were given the opportunity to grasp your right to fatherhood. It becomes difficult after an adoption is finalized but you may ask the court to appoint you a lawyer. A lot depends on whether you received "notice" of the adoption. I'm well versed in this area of the law and it is fact intensive in terms of how involved you were in the child's life in order to find that your rights should be terminated.
Answered on Nov 07th, 2011 at 9:40 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
I don't think you have any legal options. However, I would research all the benefits adoptive children have from knowing their birth parents. I'm adopted and would love to have known my birth parents. Then research how to make yourself non-threatening to the adoption parents. Then contact them and explain you respect them,don't want to interfer with them, but want to provide another loving adult to your child's life and would they consider incorporating you into her life in small ways to see if the child likes it and they like it. Give them control but hold out the carrot that it is good for the child. Do your research first.
Answered on Nov 02nd, 2011 at 9:38 PM
As the biological parent of a child, you should first have the court establish you as the legal biological father of the child. To do this, you must file a Petition for Paternity in your local family court.
Answered on Nov 02nd, 2011 at 9:13 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Glen Edward Ashman
You cannot do anything. By failing to legitimize the child, you chose to lose your rights. That is permanent.
Answered on Nov 02nd, 2011 at 2:05 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Probably nothing, but you need to consult an attorney very quickly to see there may be an option to appeal the judge's rulings and to set aside the adoption if it occurred without your knowledge or consent.
Answered on Nov 02nd, 2011 at 2:05 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
If the adoption occurred more than one year ago, you have no recourse. If it hasn't been a year, you may be able to set aside the adoption judgment but it will still be extremely difficult.
Answered on Nov 02nd, 2011 at 1:49 PM