QUESTION

how does birthmom readopt her child she adopted to stepmom,while birthmom was under influence of meds

Asked on Aug 29th, 2013 on Adoptions - Texas
More details to this question:
mom terminated her rights and allowed stepmom to adopt her child 1 yr.ago ,while under influence of prescription meds she was addicted to, making adoption fraudulent.mom has been in recovery and is doing wonderfully and wants her child back
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1 ANSWER

First of all let me make it clear that I am a S.C. board certifed internist and attorney, and my answer is not to be taken as establishing a lawyer/client relationship.  In S.C. you would need to prove to the family court that the child was adopted by fraud by  the preponderance of the evidence.  Being under the influence of prescription pain pills may not constitute fraud, unless your attorney can prove fraud in the inducement or duress in signing away your parental rights.  Perponderance of the evidence means that it is more likely then not that fraud was incolved.  You do have rights, but you will need a good family law attorney to exercise those rights.  This is not the same standard as criminal fraud which must be proven beyond a reasonable doubt in S.C.  I hope this helps as my heart goes out to you. Michael G. Sribnick, M.D., J.D. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com
Answered on Aug 29th, 2013 at 4:42 PM

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