Need Help On How 2 Reverse An Adoption

[TRYN2HELP]

(This is a Texas Situation) My husband allowed his parents to adopt his son in an open adoption because he could not provide insurance and a stable environment for his son at the time of his divorce. The mother didn't even bother to show to the hearing, but she is a alcohol and drug abusing lesbian that has mental problems. His parents promised visitation and that he could have his son back when he got his life situated once again, but they have since changed their mind completely. We want to fight this legally in court, but all the laws we have seen show that 6 months is all that is allowed. (this adoption occurred less than a year ago, but more than 6 months ago). His parents have come up with every excuse under the sun and won't allow him visitation but maybe once a month. The child is only 3 1/2, but has strongly stated he wants to live with his father and me, but in texas he's way too young according to the courts to choose who to live with. My husband's parents have allowed the mother to come back into the child's life as well and she is still using drugs/alcohol and even living with a paroled drug dealer (her lesbian life partner). We are desperate to find out where to begin and would love for any help that anyone could provide. My husband would never have signed the paperwork had he known that this is how things would turn out. We just feel that there is some law or maybe case law that could help us get this adoption reversed. My husband is physically becoming ill from the stress of this and we have had great doubts because this will cause great hurt and problems within his whole family. He finally decided that he has to do something and he's going to pursue trying to get his son back. CAN ANYONE PLEASE HELP OR PROVIDE US INFORMATION FROM THEIR EXPERIENCES/PROBLEMS WITH THIS SO THAT WE CAN GET HIS SON BACK OR AT LEAST GET THE JOINT CUSTODY AGREEMENT BACK SO THAT HE COULD THEN AT LEAST SEE HIS SON WHILE HE COULD POSSIBLY SEEK SOLE CUSTODY?
We would greatly appreciate help from anyone and are looking forward to hearing your replies.
Thanks again and please send your answers/advice/help!

 

[Litigation!]

(This is a Texas Situation) My husband allowed his parents to adopt his son in an open adoption because he could not provide insurance and a stable environment for his son at the time of his divorce. The mother didn't even bother to show to the hearing, but she is a alcohol and drug abusing lesbian that has mental problems. His parents promised visitation and that he could have his son back when he got his life situated once again, but they have since changed their mind completely. We want to fight this legally in court, but all the laws we have seen show that 6 months is all that is allowed. (this adoption occurred less than a year ago, but more than 6 months ago). His parents have come up with every excuse under the sun and won't allow him visitation but maybe once a month. The child is only 3 1/2, but has strongly stated he wants to live with his father and me, but in texas he's way too young according to the courts to choose who to live with. My husband's parents have allowed the mother to come back into the child's life as well and she is still using drugs/alcohol and even living with a paroled drug dealer (her lesbian life partner). We are desperate to find out where to begin and would love for any help that anyone could provide. My husband would never have signed the paperwork had he known that this is how things would turn out. We just feel that there is some law or maybe case law that could help us get this adoption reversed. My husband is physically becoming ill from the stress of this and we have had great doubts because this will cause great hurt and problems within his whole family. He finally decided that he has to do something and he's going to pursue trying to get his son back. CAN ANYONE PLEASE HELP OR PROVIDE US INFORMATION FROM THEIR EXPERIENCES/PROBLEMS WITH THIS SO THAT WE CAN GET HIS SON BACK OR AT LEAST GET THE JOINT CUSTODY AGREEMENT BACK SO THAT HE COULD THEN AT LEAST SEE HIS SON WHILE HE COULD POSSIBLY SEEK SOLE CUSTODY?
We would greatly appreciate help from anyone and are looking forward to hearing your replies.
Thanks again and please send your answers/advice/help!

My response:

Oh, brother. Great people, and terrific family!

If the adoption is reversed, the child will be awarded to, and only live with the people, who live in a trailer park. Start inflating the tires.

IAAL

 

[ceara19]

At 3 1/2, a child isn't able to form a strong opinion that actually MEANS anything. At that age my son REALLY, REALLY wanted to be a firetruck. I don't really see anything in your post that would make the adoption reversible. Even if it can be PROVED that an open adoption was agreed upon, the adoptive parents have the right to change their minds. Since the adoptive parents are HIS parents, he would have a very hard time trying to claim that these people misrepresented themselves before the adoption. By misrepresented, I mean they did not claim to be a couple that had been married 10 years and had 2 other adopted children and lived in a big house on the top of Walton's mountain, when in fact they were only married 3 weeks and had never so much had been around a child since they were one themselves and they actually lived in a 1 bedroom single wide next door to a crackhouse and a brothel, not that they promised to allow him to have a relationship with the child.

The fact that he consented to an ADOPTION instead of GUARDIANSHIP also works against him. If I were him, I'd save my money and instead of hiring lawyers and filing lawsuits, start playing nice and sucking up to the parents so that I could at least continue to have some sort of a relationship with the child. If he tries to take them to court, not only will he most likely lose the case, but he can kiss the once a month visits he gets now bye.

 

[TRYN2HELP]

Trying 2 Right A Wrong...

He has tried the suck up thing and it gets him nowhere. My husband is a good man and he trusted someone (obviously the wrong someone) to take care of his son and do what was right. He isn't doing this out of spite, but trying to right a wrong! He was lied to completely and if this was a business deal then it would be breach of contract on false pretenses. This is by NO means a business transaction, but if I had to come up with an example that's the only one I could come up with off the top of my head. We are loving people and would never ever keep him away from the grandparents even though they have done some horrendous things. We are just searching for some legal grounds, answers, and/or some help. I know society is full of lies today, but this is not one we are willing to settle for. Any money we spend on this cause is money we feel as spent for a good cause.
This is the life of a child we are talking about and a situation that was done on good faith that has been deeply violated. I guess that the concept of that is more than some people can fathom.
Praying for some help still...

 

[ceara19]

Yes, it IS the life of a child. A child that is obviously being well taken care of by his adoptive parents. I have no doubt that you and your husband are good people and will make wonderful parents, but not to THIS child. THIS child HAS two parents that love and care for him already and that's the way you are both going to have to start looking at it. You can spend every single penny that you ever make and it will not change the fact that your husband is no longer this childs father where the law is concerned. As soon as the adoption was final he legally became the child's brother and nothing more. If he would like to challenge his parents for custody as the brother, he is free to try and prove them as unfit parents in court. But he will not be able to challenge the adoption itself and try to regain his paternal rights that way. The adoption was not fraudulent as far as the LAW is concerned. If he tries to push the matter, he risks losing ALL contact with the child and his parents. How does that help anyone?