I am a US Navy sailor and have been in the navy for approx 2 years now. While I was in boot camp, A school, and then on to a deployment. My wife basically left my son with her parents. When I returned from overseas, I was served with adoption papers by her parents on the grounds of abandonment. I currently live in VA and there was a court date on 9-20-83. I got all the way to Dallas Ft worth airport to find out that national rent a car had lost my reservation. I did not get a car in time to get to the court date and they found him eligible for adoption. I know I need to file and appeal, but don't really have the money for travel, and lawyers fees. I desparatly need help from any one who has any ideas or suggestions. My son lives with his grandparents in Duncan OK. Please Help!
2007-09-25 05:09:13 · 5 answers · asked by Michael 2 in Politics & Government ➔ Law & Ethics
okay sorry by birthday is 9-20-83, the court date was 9-20-07... Happy birthday to me!!!
2007-09-25 05:11:23 · update #1
Did they get an Order of Default? Did they file the non-mil documents? Sounds like they filed some paperwork for non-military. If you are military, then someone from the Navy should have gotten notified that you were requested in court.
Also, serving in the armed forces in NOT abandonment when shipped out.
***FYI: (copied from Adopting.org)
Military Personnel
A putative father who is in the armed services may have a remedy or other protection under the Sailors and Soldiers Relief Act.
***
If what you stated is true then someone most likely committed perjury or fraud in this issue. Get the Navy lawyers on it because this isn't something that should be happening.
You can also request that the judgment or Order be 'vacated', but DO NOT let the time for appeal run out while trying to get it vacated.
Added:
If I were you. The first thing I would do is send the court/judge a letter asking for the order to be vacated and follow that up with a simple motion that the entire case be dismissed due to your military service requirements. Then I would also file an appeal just before time runs out (giving plenty of time in case there is a problem and you need to refile). Just don't let that time for appeal to run out.
My guess is that the judge or judicial office will Vacate with just a letter. The military service should make it a no-brainer to vacate.
I would make a guess and say that they didn't tell the courts you were military, so a motion to dismiss should go through easily.
Something sure doesn't seem right with all of this.
2007-09-25 21:53:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Signing or not signing the birth certificate makes no difference when it comes to the father's rights in adoption. He has just as many rights as the birth mother. However, if the birth mother didn't know where he was, or if they did the postings in the paper and due diligence to find him at the time of the adoption, his rights are terminated after a set amount of time. That being said, if she knew he was in jail, then he can over turn or halt an adoption. Being in jail does not automatically revoke your rights as a parent.
2016-05-18 01:32:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The Navy has attorneys that can help you with this case. Something sounds fishy about the adoption. Someone had to lie if they said you abandoned the child when you were deployed. Since we don't have all the facts, this is all I can recommend.
2007-09-25 05:48:01 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
something funny going on..would talk to the naval lawyers though they can't do civil?..They can recommend a good attorney...Be sure and go to them..asap!
2007-09-25 06:12:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
was there a subsequent termination of your parental rights?
2007-09-25 05:25:32 · answer #5 · answered by hexeliebe 6 · 0⤊ 0⤋