Has anyone gone through an adoption hearing for their own child?

Question

Has anyone gone through an adoption hearing for their own child?
My husband's mother of his child and her husband are trying to adopt the child. My husband keeps in touch with her by phone and visits every once in a while ( we live in NJ and she in Colorado) and sends her gifts but they led the child to believe that her stepfather is the real father. There will be a trial for this, if my husband shows upa nd is fighting to not give her up for adoption can he lose, I mean doesn't he have to agree to it.
Just a side note, my husband has a clean record and has no problems that they could bring up like alcohol or drug, etc. He has 2 children with me and a mental health professional has even evaluated him and said he was fit (the court required both parents to do an evaluation or parenting class). The only thing they could use against him is that he hadn't visited in two years, he called and sent gifts but he was financially unable to travel (it costs over $1200 for flight, hotel ,car)

loss of wages is almost another $1000)

she's only 4 and whenever my husband sent gifts or called the mother would tell the child it was from the stepfather. She couldn't really differentiate between the voices. And my husband is doing this because we are trying to work towards partial custody. We love her and want her in our lives. Plus he thinks it is his olbigation as a father to stay her father, even if it just legally, and he thinks if he gives her up for adoption they will limit his rights and when she grows up she will hate him for letting her go.

we are not trying to take her out of her current home, just keep my husband as the legal father, that's it

Answer 1

OMG! You have a very serious legal battle ahead, especially if the courts or cps deem that there is no parental bond. If the little child is only 4 and Dad hasn't seen the child in 2 years? I, unfortunately, must state that I would not hold my breath for the outcome in Dad's favor. I am sorry, but finances or not, there are not enough miles to keep a loving parent from their beloved child. It would probably hurt the child to take the child from what the child knows and has become accustomed to. That wouldn't be in the child's best interest or fair to the child. The biggest issue, that will decide whether or not Dad loses his parental rights,(366.26 hearing) is which court the case is in. If Dad was lucky enough to keep it out of any type of child protective agencies/juvenile dependancy courts hands, they cannot just terminate his parental rights. Believe me, the child is best left where the child is, with it's mother.

If I were a judge, I would look at Dad and say, "You have enough cash to come to court now. Why didn't you come up with enough cash from the very beginning and legally win custody of your child long ago if you thought it would be in the child's best interest to be with you and not the natural mother who has been taking care of the child since day one? Believe me, I know all the ins and outs. Unless you can prove the mother to be unfit, neglectful, abusive...or the supposed step-dad, you will not gain custody. On the other hand, Dad's parental rights cannot be terminated without a preponderance of the evidence in Juvenile Dependency Court by one of their Kangaroo Court referees or judges, stating, without any proof, that Dad has been neglectful or has no parent-child relationship. That is the part that may get you screwed, depending which court it is in. Whatever you do, try to keep it out of Juvenile Dependency Court because then, you will have absolutely no constitutional rights to fair hearings, because in Juvenile Dependency Court, those rights are non existent. Without proof of any abuse on the part of your husband, it will be very hard for them to adopt his child. No record is great, but bottom line is...hubby has no parent-child relationship with the child. I know it is confusing, but Dad is a stranger to this child. I would say that it would be selfish to try and yank the child way from the only home the child has ever known for one's own selfish agenda. Don't worry. The child will know when the child is old enough to know who is the natural parents. You and your husband make your own baby instead of trying to lend a helping hand in getting back at his ex. It will only hurt an innocent child.

Answer 2

First of all, I believe he needs an attorney. I don't know whether he can lose or whether his presence at the hearing will prove that he cares and has a valid reason to contest the adoption, but an attorney should be able to help steer him toward the best way of doing things.

You will need an attorney who is somewhat versed in family law for both states involved (family law seems to vary from state to state).

Is there a cheaper way to do the transportation? I think you're stuck with the flight costs, but is it possible to substitute a motel for a hotel and a bus for a car? Sometimes that works out and sometimes it doesn't.

Answer 3

Your husband can contest the adoption. But, if the mother is alleging his abandonment, he must prepare and introduce evidence he has not done so and that he has kept up his support payments. He cannot do this himself. he needs an attorney.

Answer 4

I purely went threw this. at the start, if he signed the delivery Cert, the only way the mother ought to get an adoption carried out could be to one million) sign over his rights. (HE has to do it and it may ought to bypass to courtroom) 2) if the daddy has no touch with the baby for a protracted time. no longer paying baby help no longer chatting with the baby ect. ect.... the mother could have a petition issued threw the courts and that they could ought to placed up an upload contained domestically paper for one million month. in the time of that month, anyone can combat to no longer have ot bypass threw. If he's paying baby help, holding touch with the baby, and is sending stuff, he desires to maintain receipts of the toys, money each and every thing for verification. he do no longer ought to holiday to be sure her. purely holding in touch is what the regulation seems at. i could probable take it to courtroom to save you and himself.