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My child was put for adoption in Arizona without my consent

Discussion in 'Adoption' started by Nick310, Feb 24, 2015.

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  1. Nick310

    Nick310 Law Topic Starter New Member

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    Hello,
    My child was put up for adoption without my consent in Arizona. The mother of my child and I are both California residents. We broke up during her pregnancy and she decided to flee her home. When I attempted to communicate with her, she either ended the conversation or I was unable to reach or locate her. Before my child was born his birth mother attempted to place the child for adoption in California, but I did not consent to it. The birth then fled the area and I wasn't able to locate her. I was notified by the birth mother of my child's birth and I was told that the baby wasn't mine because it was a biracial baby(the birth mother and I are of the same race). When it was determined that she had lied about the paternity of my child soon after the birth of my child. I submitted a petition of paternity with the local county court in my state and it was established through court proceedings that I was the biological father and that my child had been adopted in Arizona by a couple in Tennessee. Since the discovery in the California court case, my court case has been moved over to Arizona where I currently have a pending court to determine if they will terminate my parental rights. Arizona has very technical adoption and parental rights laws. I am worried that my child will continue to stay in adoption and that they will terminate my parental rights based on a technicality. Can anything be done to fight this clearly fraudulent adoption?

    Yes, I do in Arizona. My lawyer is not sure if the juvenile court will side with me and take into consideration all my efforts made in California because of Arizona's strict technical filing times. Initially before Arizona courts took over the judge in the California hearing/court case ruled that I had not lost my rights because the adoption agency failed to notify me in time. According to the adoption agency they had no address or info on me and the lawyer who represented the adoption agency literally tried to serve me the day of the hearing. The judge become very upset with the whole ordeal and didn't let the adoption agency lawyer speak through out the trial.

    My lawyer is unsure if my efforts in California will be enough and since I was unaware of the adoption proceedings in Arizona I was not able to file my petition for paternity in Arizona before the 30 days. There was a court ordered social study done by a social worker in Arizona and she found that I would not be able to care for the child because I am single and young and this other BS. I don't have any felony's or other criminal records. The social worker was paid for by the adoption agency and the social worker did not come to my home or meet with me and my family. I literally did a phone interview and filled out some docs. I just don't understand how this qualifies as an in depth social study on me.

    In California I knew about the attempted adoption but I didn't consent. Right before the baby was delivered she went to Arizona had the baby and then placed the baby in adoption. Everything was too planned too orchestrated for this to be circumstantial. She gained Arizona residency through simply staying a hotel for a few weeks or so. I didn't know she had given up our child up for adoption until after the adoption was done. She wouldn't let me see the baby and that's when I decided to file a petition for paternity in California and through that court hearing the adoption agency lawyer told the court what had occurred.

    By the way the social study is a court ordered study that is paid by the adoption agency during adoption proceedings. Once it was determined that I was the biological father of the adopted child then that is when the social study was done. Whenever there someone/adoption agency is trying to terminate someones parental rights this is the usual procedure. Before the DNA test, the adoption agency wanted nothing to do with me, after that it was established I was the child's father they want to make me jump through hoops.

    The child was two weeks old when my son was handed over to the adopted parents. My lawyer felt the handover was too quick, quicker than what is the standard.

    Anyone have any actual experience working in the Arizona juvenile court system? My child was recently put up for adoption in Arizona without my consent. The mother of my child fled to Arizona and delivered our baby and then placed the baby in adoption in that state. I am currently in a legal battle with the adoption agency to get my son back. The birth mother and I are both California residents. She attempted to place our child in adoption in California, but I did not consent and I had filed a petition of paternity in California and this did not permit her to legally place the child in adoption in California. Since she wasn't able put my child up for adoption in California she fled to Arizona and child was placed in adoption soon after birth and I wasn't notified until after my California court hearing regarding the petition of paternity in California. Can anything be done in this case to fight this unjust and terrible thing that has been to done me?
     
    Last edited by a moderator: Feb 26, 2015
  2. KatDini

    KatDini Well-Known Member

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    What did the Arizona attorney you contacted say to you about this matter?
    http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00106-01.htm&Title=8&DocType=ARS

    http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00106.htm&Title=8&DocType=ARS
     
  3. disagreeable

    disagreeable Well-Known Member

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    Though expensive, you can probably have the adoption rescinded based on fraud.
     
  4. Betty3

    Betty3 Super Moderator

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    Do you have a lawyer helping you? If not, you might want to talk to a lawyer & see what he/she says.
     
  5. Nick310

    Nick310 Law Topic Starter New Member

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    I think that this might be the best solution if they juvenile court decides to terminate my parental rights based on a technicality.
     
  6. army judge

    army judge Super Moderator

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    I commend your efforts to parent the child.
    One caution, don't get too emotionally or financially invested until you've requested (and received) a paternity test.
    Unless you were married, you're not the putative father.
     
  7. KatDini

    KatDini Well-Known Member

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    So, you're saying you KNEW about the adoption before it happened? Else, why would a social worker be interviewing you? I don't think you have a leg to stand on.
     
  8. KatDini

    KatDini Well-Known Member

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    I don't think you have a prayer of getting this adoption overturned.
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    Nick, I have read your post here and elsewhere on this site and you are a very passionate parent. This site hosts a parenting (link below) I belong to. You would be great fit to the answering team. Its not a legal forum (like here) along legal issues sometimes pop up there. Its real people with real answers to parenting and relationship issues. Its very user friendly as well. You would be great fit as stated and even might discuss being MOD on site. Anyways use the link on my signature line to check it see what you think
     
  10. Proserpina

    Proserpina Moderator

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    Oh man. Nick, I'm going to be blunt. She has screwed you five ways from next Sunday. Here's why:
    .
    By giving birth in Arizona, that's the child's "home state" - and here's where it gets really mucky. As an unwed father in Arizona, you must register with AZ's Putative Father Registry. If you don't do this, or try to do it too late, your consent is not required.

    It's a clean adoption in my opinion and would only be overturned in very rare instances. Before we go there though, how old is the child and when was the adoption finalized?
     
  11. Proserpina

    Proserpina Moderator

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    Oops - I should have answered this one first!

    Your attorney is correct - it's too late to object to the adoption, and because of Arizona's statutes you've waived your rights.
     
  12. Proserpina

    Proserpina Moderator

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    Nick, did you read the responses to the other thread?
     
  13. Proserpina

    Proserpina Moderator

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    72 hours is the minimum in Arizona - and that doesn't apply to how long the process takes, just how soon it can get it going.
     
  14. KatDini

    KatDini Well-Known Member

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    He did, he just didn't like the answers.
     
  15. army judge

    army judge Super Moderator

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    I'm locking and combining these threads.

    We can't help you here.

    No lawyer can advise you here for FREE.

    Your problem is far too complex for a public legal forum.

    As suggested many times, HIRE an attorney to further advise and assist you.
     
    Last edited: Feb 26, 2015

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