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The birth mother was in drug rehab and her mother and sister had her sign custody papers she found out later they were adoption papers Can this be overturned?
Smcooper
Maybe. In the United States adoption is a state matter. The laws of adoption and fraud vary from state to state. The laws concerning having someone giving up rights while in a mental institution also vary. The time periods between the time when adoption proceedings start and when the court finalizes them also vary. Now we get to a particular.
In this state if you signed your child over to your sister, it can be overturned. If you turned your child over to an adoption agency, they had a lawyer draw up the papers. Their records are sealed. It would probably take a court order to open their records. That would be difficult to get. If you signed the papers more than six months ago, then the adoption is final.
You could still challenge the adoption. The court would determine which family would be best for the child. Would the child be better off in a middle class home in a middle class neighborhood with two stable hard working church going parents or would the child be better off with a drug addict for a mother. The concerns of the child would then come first, not the desires of the biological mother.
The bottom line is that she needs to consult with an attorney who specializes in custody and adoption as soon as possible.
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∙ 11y ago
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Can an adoption be overturned if the birth mother signed adoption papers but was told they were custody papers and the papers were mixed together and she was lied to from the start?
You MUST ask an attorney in the state where the adoption took place. There are too many variables... how old was mother? how long ago did this take place? where did this take place? Don't bother writing back with the answers. I'm not an attorney and even an attorney on this site would need to ask you TONS of questions and do some investigating. This is a VERY SPECIALIZED problem requiring an EXPERT. Google "Free Legal Advice in xxxxx" and put the name of your state in place of the xxxxx. You will be directed to attorneys who can get you started on answering your questions at no cost or low-cost to you.
What are legal rights for fathers in Wisconsin if the baby has not yet been born but mother is in labor and adoption papers have not been cancelled?
I would think that if the mother and father are not together and the mother is willing to give up custody of the child to the father than the father would have rights to the child. If the adoption papers haven't been canceled yet they will have to be signed when the baby is born saying that the mother and father give up parental rights to the child
Does a mother automatically have custody even without court papers?
not if she's married, or a single mother living in Arizona
What happens next after your child's mother gets served child custody papers?
After being served child custody papers, the mother typically has a certain amount of time to respond and either agree to the proposed custody arrangement or contest it in court. If the mother contests the custody arrangement, a court hearing will be scheduled where both parties can present their arguments and evidence before a judge makes a final decision on the custody arrangement.
If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?
You have the visitation rights that were established in the divorce, and you have no custody rights.
What are the rights of a father once he signs the adoption papers if the mother decides to keep the baby?
None, the voluntary relinquishment of parental rights is permanent. If a couple are not married the mother is considered to hold full and sole custody of said child with or without the means of a court order, until/unless a court rules otherwise.
Is it legal for a minor mother to sign adoption papers with no lawyer present in California?
Yes it is. It's not recommended though since the adoption parents have their lawyer and he can not represent both sides.
What do you do if the mother is not following joint custody papers?
Report her back to court. It's not legal to break the court order.
Can you get emancipated without custody papers?
Laws vary from state to state. Custody papers have nothing to do with it.
Are there any custody papers that can be filled out to make sure the mother of your child doesn't leave the state with your child?
That provision can be incorporated into the original custody order or you can file for modification to include it.
What makes an adoption official?
An adoption become official when a judge signs the official papers for it. Once a judge declares an adoption official and signs the papers, it will become legal.
Can a mother of a child move out of ny state with that child without biological father's approval?
it depends on your custody papers and what they say... if you have joint custody NO.... if you have residential custody maybe with court allowing it.... if you have sole custody then you would need to inform him but you could leave!!!
