how to enforce post adoption agreement

[rocha344]

What is the name of your state? Ma. I signed an open adoption agreement 4 years ago . I was strung out at the time, and I wasn't going to win at the adoption trial. So I agreed to let my daughter (then 4 yrs. old) to be adopted by the foster home who had her. I knew the family well, and when I had custody of my kids, I used to let my daughter visit their home quite often.The agreement was I was to see my daughter twice a year and recieve an update, photos and so on at least once a year.I also can write to a P.O. box, which I do. I was also told I could see her more, but as this is not on the legal document- it obviously does not matter. Well, i've never seen her since! I write and NEVER got a response! The 1st year after the adoption, I dropped the mail off at their home(yes, I know where they live) And that got me a response, she threatened me with a restraining order! I just recently found out I DO HAVE RIGHTS! Apparently, in my state, there is a law to enforce the agreement we all signed, that was approved by the judge. My question is, how do I go about bringing this to court? Someone please tell me! There is also the fact of my son(her half brother) he is supposed to see her at least 2 times a year! Also on the written agreement! He hasn't seen her in almost 2 years! please respond soon! Thank you StacyWhat is the name of your state?

 

[mb94]

http://naic.acf.hhs.gov/general/legal/statutes/states.cfm#ma

You will have to bring an action in civil court for enforecemnt of the contract. The adoptive parents will be able to argue that there was a change in circumstances and that it is in the best interest of the child not to have contact with you.

 

[rocha344]

reply to enforce

Thank you for the quick reply! I saw that site earlier ( the naic), what I don't understand is what circumstance changed that they(the adoption family) could argue? They have ignored the agreement from day one in regards to my visits.
What about my son? He is 6 and it is an official agreement between them and him as well, and she has broken that agreement also. I just checked the calender and they haven't seen each other in nearly a year. The signed agreement states at least 2 visits a year.

Also, as I recall, one of the points in our agreement was I could bring this before the judge ( in case of breach of agreement) but my daughter might have to undergo psychological testing to make sure it wouldn't mess with her emotionally. She knows she is adopted, she knows about her brother, she used to see him quite often until recently. I would like your opinion on if I have a chance on the civil suit in regards to my son seeing his sister and also, do you think they would at least rule in my favor on getting my once a year packet? thank you again Stacy