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open adoption/continued visitation

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bkiddo

Junior Member
I relinquished my newborn son, "JOE," to my maternal aunt/uncle 5 yrs. ago - on the expressed condition that this was an OPEN adoption.
Since then, I've enjoyed frequent and consistent face-to-face/written contact with Joe and his/my family - until recently.
Under pressure from Joe's adoptive parents (again, my aunt and uncle) to "trust them," I made the mistake of confiding that my own parents had physically/verbally abused me.
My aunt and uncle reacted (perhaps predictably) to this "news" with violent anger themselves. They accused me of being a pathological liar, on drugs, capable of violence, etc. They defamed me to my extended family, one of whom is a prominent local judge. They then rescinded my access - ANY access - to Joe. I'm terrified my absence will be detrimental to Joe. I've been too big a part of his life, for too long, to simply disappear now.
In order to be apprised of my rights, I recently made an official request to view the adoption record. (I was never provided a copy, and, perhaps naively, never thought it necessary - until now.) I just received notice of a HEARING (March 1, 2006) to process this request.
Specifically, how can I prepare for the hearing? (NO IDEA what to expect.)
Generally, how do I hold my aunt and uncle to our verbal contract, when they refuse to speak to me??
 
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seniorjudge

Senior Member
bkiddo said:
I relinquished my newborn son, "JOE," to my maternal aunt/uncle 5 yrs. ago - on the expressed condition that this was an OPEN adoption.
Since then, I've enjoyed frequent and consistent face-to-face/written contact with Joe and his/my family - until recently.
Under pressure from Joe's adoptive parents (again, my aunt and uncle) to "trust them," I made the mistake of confiding that my own parents had physically/verbally abused me.
My aunt and uncle reacted (perhaps predictably) to this "news" with violent anger themselves. They accused me of being a pathological liar, on drugs, capable of violence, etc. They defamed me to my extended family, one of whom is a prominent local judge. They then rescinded my access - ANY access - to Joe. I'm terrified my absence will be detrimental to Joe. I've been too big a part of his life, for too long, to simply disappear now.
In order to be apprised of my rights, I recently made an official request to view the adoption record. (I was never provided a copy, and, perhaps naively, never thought it necessary - until now.) I just received notice of a HEARING (March 1, 2006) to process this request.
Specifically, how can I prepare for the hearing? (NO IDEA what to expect.)
Generally, how do I hold my aunt and uncle to our verbal contract, when they refuse to speak to me??


I have never heard of an oral agreement in an adoption case.

You better hire a very good family law attorney yesterday.
 

bkiddo

Junior Member
verbal contract/adoption case

My God, if I had the money to spend on a lawyer, I would've kept my son and spent it on him.

Is there anyone else out there with less dismissive advice!?

Again, what can I expect from a HEARING on my request to view the adoption record?
What kind of preparation can I do?
Should I take the court's decree at face value, and assume this hearing pertains to documentation only?
Or will I, and my fitness to be in Joe's life, be on trial here?
 

CMSC

Senior Member
What state did the adoption take place in? Did you officially relinquish your rights? Many states require a birth parent to be given their own attorney. You would not have had to pay for an attorney in order to place your child up for adoption! Unfortunately, the verbal agreement has little to no legal standing.

As far as the hearing goes, I'd call up an attorney for a free consult, they can tell you how to prepare or what to expect.
 

stealth2

Under the Radar Member
A verbal agreement is as good as the paper it's written on. In other words - it's useless. Sorry.
 

momofrose

Senior Member
An open adoption is merely an agreement - it is not legally binding (as far as I know) - there are many tradtional adoptions that take place based on the fact that it wold be an open adoption - years down the road wither the birth mother or the adoptive family do not continue with such an arrangement (wither with or without the others consent).

If your Aunt and Uncle legally adopted the child..then it is their son and they make the decisions, hopefully in the best interest of the child.

Sorry

d
 

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