Opening and Setting Aside an Adoption Decree

[WantMySonBack]

I have been fighting to gett my son back for 2 years now. The case is long and complicated. My parental rights were terminated for abuse/neglect although the court admitted it had no evidience against me. The father admitted he may have injured the child and then retracted his admission once his parents got involved. When I admitted that I wondered if the father hurt my son, my failure to remove my son from his presence was used against me. DCS and the paternal grandparents worked together to take my son from me. I am not conventional and I beleive in natural healing. I have been been called "earth mother". The paternal grandparent hated me and though I was beneath them (their attorney actually told my attorney this). Anyway, in this protracted litigation, I had court appointed counsel who really did not prepare for the case, failed to present evidence and my rights were ultimately terminated. The father voluntarily terminated his rights and his parent adopted my son, changed his name and refuses to allow me to see him. Tghe father is allowed to see him. The effectively kept everything the same except they cut me out, legally and otherwise.

I am not appealling to the state supreme court and I filed a motion to open and set aside the adoption decree. I had 2 motions for reconsideration pending at the time the adoption decree was entered. Although my motions were ultimately denied, they were denied after the adoption decree was entered. The appellate rules say that they have to wait 20 days after the decision on the reconsideration motions but they didn't. If my motions had been granted, I would have gotten a new trial and perhaps I wouldn't be shut out of my sons life. Is this a valid argument for setting aside the adoption. Can you give me any case law that I can use? I have a hearing in a few weeks and I want to amend my motion if needed. Also. note that the father, the one one who acknowledged that he may have hurt my son, now has unfettered acces to him with the gransdparents and this cannot be in the child's best interests. Pleas help.

 

[army judge]

I have been fighting to gett my son back for 2 years now. The case is long and complicated. My parental rights were terminated for abuse/neglect although the court admitted it had no evidience against me. The father admitted he may have injured the child and then retracted his admission once his parents got involved. When I admitted that I wondered if the father hurt my son, my failure to remove my son from his presence was used against me. DCS and the paternal grandparents worked together to take my son from me. I am not conventional and I beleive in natural healing. I have been been called "earth mother". The paternal grandparent hated me and though I was beneath them (their attorney actually told my attorney this). Anyway, in this protracted litigation, I had court appointed counsel who really did not prepare for the case, failed to present evidence and my rights were ultimately terminated. The father voluntarily terminated his rights and his parent adopted my son, changed his name and refuses to allow me to see him. Tghe father is allowed to see him. The effectively kept everything the same except they cut me out, legally and otherwise.

I am not appealling to the state supreme court and I filed a motion to open and set aside the adoption decree. I had 2 motions for reconsideration pending at the time the adoption decree was entered. Although my motions were ultimately denied, they were denied after the adoption decree was entered. The appellate rules say that they have to wait 20 days after the decision on the reconsideration motions but they didn't. If my motions had been granted, I would have gotten a new trial and perhaps I wouldn't be shut out of my sons life. Is this a valid argument for setting aside the adoption. Can you give me any case law that I can use? I have a hearing in a few weeks and I want to amend my motion if needed. Also. note that the father, the one one who acknowledged that he may have hurt my son, now has unfettered acces to him with the gransdparents and this cannot be in the child's best interests. Pleas help.

Sorry, we can't give you legal advice, or advise you on matters complicated by appellate procedure.
As far as case law, you'll have to do your own legal research.
This site addresses legal issues far less complex than yours.
I do wish you well.