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Post termination contact with my boyfriends daughter?

Defamation Law Discussion Forum

Post termination contact with my boyfriends daughter?

Postby matyas » Wed Jul 11, 2012 4:17 am

My boyfriend lost his rights to his daughter but he has a court document saying; "Post termination contact is allowed at the request of the infant child". The people who adopted his daughter are not following the court order.

The lady who adopted her said that if he gets a paper, from a lawyer who is familiar with the case or the judge, that he can see her. We have multiple papers from his daughter (as recent as 7-8-12) saying that she misses her Daddy and wishes she could see him. I personally showed the "adoptive parent" the papers saying that he is allowed to see her but she said for us to "forget about the paper".

Is there anyway for him to work this out without an attorney? And if she wont cooperate is there any attorney's in the Clarksburg, WV area who would do pro bono? Because he cannot receive assistance from Legal Aid.
Is there anyway to get your parental rights back after they have been terminated?
matyas
 
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Post termination contact with my boyfriends daughter?

Postby smid » Wed Jul 11, 2012 4:18 am

He needs an Atty PERIOD! You PERSONALLY should not be showing, having contact with or anything else in this matter as YOU have no standing and could in fact even be hurting his cahnces.

Now what did he do to lost his rights and where is the mother in all this? He needs an Atty if he ever has any hope in having a relationship with HIS child.
smid
 
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Post termination contact with my boyfriends daughter?

Postby victorio83 » Wed Jul 11, 2012 4:21 am

The adoptive parents generally have the right to control access to the minor child. Just because the order states that post termination IS allowed does not mean post termination MUST BE allowed. These are very, very different legal principles.

All that order means is that your bf is not restrained BY THE COURT from having contact with the child. But I guarantee to you that if he tries to pursue this in court, the adoptive parents' attorney will state that there is no language in that order that states he MUST BE allowed to have contact with the child even over the parents' objections. The child's parents are the legal gatekeepers to that child. And if they say no contact, no court will order them to give him contact to her. He's going to have to wait until she turns 18.

I don't see any attorney taking this kind of a case on pro bono. And he is unlikely to be able to work this out - because I would imagine the adoptive parents have already spoken to an attorney who probably told them what I have just told you: IS allowed is not going to mean MUST BE allowed.

Yes. There are ways to get parental right reinstated but under very very specific circumstances and I don't see that your bf would fall in to any of those categories.
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Post termination contact with my boyfriends daughter?

Postby avikar76 » Wed Jul 11, 2012 4:28 am

I'm not an attorney, but this sounds like it's for the judge to determine. If you don't have an attorney putting papers in front of adoptive parents isn't going to do much good.

You bf gave up his rights with contact with his daughter and he needs to except this. You don't mention how old this child is. She may want to she her biological father, but she may not be just may not be of the age of reason which is about 7 years old.

If your bf is so eager to see his child then he needed to think about this before putting this child up for adoption. Besides all that why are you doing the work for him? If he was truly interested in child visitation then he needs to do the leg work, no you.

I can also understand how the adoptive parents feel about this whole thing. They are trying to make a life for this child with out all these interferences. How would you like it if some one came knocking on your door and told you, you're not following the rules and we want it our way? This is not only making this difficult for the parents of there adopted daughter, but is also making it very difficult for the child.

You bf is putting the child in the middle of this whole thing. I suggest your husband waits until the child reaches an age when she's on her own and she can make that decision on her own.

This may not what you want to hear, but this is the way I see it right or wrong. Take it to the judge. If your bf doesn't have the money for a lawyer then go straight to the source, the judge, if that is at all possible. It's up to your bf to find a lawyer who will do this pro bono. All you're doing is putting your self right in the middle just like the child. This is not up to you, its up to you bf. If he doesn't want to do the work then that's telling me he's not all that interested and don't tell me he's too busy.
avikar76
 
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