Overturn an adoption decree

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Latest post 08-29-2008 2:56 PM by Ford. 4 replies.
  • 08-28-2008 4:07 PM

    • dona35
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    • Joined on 06-18-2007
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    Question [=?] Overturn an adoption decree

    In June of 2007 my daughter was adopted by the paternal aunt. DSS had removed my child and thats what happened, the aunt had adopted her. I wanted to fight it but my lawyer told me at the time that i was better off just signing the papers to the adoption and have it an open adoption for if i went in front of the judge he could have made it a closed adoption. At the time my lawyer had some paperwork that i know if i went in front of the judge with it could have turned out differently but my lawyer never said anything about it. So as of April 2008 the adoption became final. Now my question is can i still try to go to the appeals court and overturn the adoption? I had inappropiate representation and my lawyer also withheld information that would have been a valuable asset to the determination of the adoption. And my lawyer never told me that every 6 months i get a review and redetermination of the adoption. I know that if i do take it to court that the aunt won't want to give her up that easily cause my daughter has been with her since she was 6 mths old and she is 2 yrs old now. But i have a case law M.G.L.A. C, 210 sub-section 3 that says "There is no rule that foster parents/adoptive parents shall automatically prevail in a custody dispute over a natural parent". I had seen online that it said you can get custody back from an adoption...but only if both parties agree to it, and like i said i know the paternal aunt will fight me tooth and nail. I would like other peoples input on this situation. Thanks.
  • 08-29-2008 6:40 AM In reply to

    re: Overturn an adoption decree

    You would need to consult local counsel but generally, at most, you would have had 30 days from the termination of your parental rights to file an appeal and maybe 30 days from the adoption being entered.

  • 08-29-2008 12:44 PM In reply to

    Disagree [)*(] re: Overturn an adoption decree

    "And my lawyer never told me that every 6 months i get a review and redetermination of the adoption."

    Who told you that? An adoption is permanent. You don;t have to renew it every six months.

    If you wanted to challenge it you had to do it within a very short period of time - usually 30 days.
  • 08-29-2008 1:46 PM In reply to

    Feedback [*=*] re: Overturn an adoption decree

    If you contested the adoption at the time, you weren't going to win. The child was in CPS custody and a dependent of the court. CPS provides you services that are designed to help you regain custody. If you fail to utilize the services and cooperate in completed the plan, then the court is going to terminate your rights to allow an adoptable child to be adopted. Had you followed the program, your child would have been returned to your custody. If you wanted the right to visit, consenting to the adoption was the only option. The adoption is final, your rights to the child are gone and none of it can be undone.
  • 08-29-2008 2:56 PM In reply to

    Sad [:(] re: Overturn an adoption decree

    "I wanted to fight it but my lawyer told me at the time that i was better off just signing the papers to the adoption and have it an open adoption for if i went in front of the judge he could have made it a closed adoption."

    You had to choose to fight it, or let it happen. You chose to let it happen.

    "So as of April 2008 the adoption became final."

    The appeal window would depend on state law. It is usually very short. My state is 42 days. I wouldn't expect it to be more than 60 or 90 days.

    "Now my question is can i still try to go to the appeals court and overturn the adoption?"

    Probably not. Moreover, appeals have to be about questions of law, not just a bad result. If you consented to the adoption, you likely don't have a viable appeal except as to whether or not your consent was voluntary, and the trial court would normally have made a good record to establish voluntary consent.

    "And my lawyer never told me that every 6 months i get a review and redetermination of the adoption."

    I suspect that was within the CPS system of trying to reunite the family. If you would have fought this, CPS would have been involved and would have had to move to terminate your parent-child relationship at some point.
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