What is the name of your state (only U.S. law)? Alabama
Ok so in 2008 my husband signed adoption papers to his oldest daughter. She was to be adopted by her step dad. At the time we were told it would be so she could have good health insurance through his military insurance, for travelling purposes as they were "supposed " to go overseas etc and that it would change nothing and that he would still get to see his daughter when they were in town. (we lived in Alabama and they had just moved to Colorado) the mothers other words at the time were "it will get rid of your child support too and I won't have to have you locked up for your arrears" (side note: he was paying his job wasn't sending it at the time though and he has arrears built up. And I was pregnant) initially my husband told her where to shove it. Where upon she promised to keep him incarcerated and unable to care for his infant son and the child we were to have. Shortly after he had lost his joband we were homeless and expecting a baby very shortly. Believing he would still have a connection with his daughter and the lies he was told he thought it would be in her best interest to sign the papers. So he did. His entire family was told the same lies including they would continue to get to see her. As soon as the adoption was final he got a phone call and was told he would never see his daughter again. The only member of his family to continue to see her was his mom (the daughters biological grandmother).
Fast forward three years later. The mother ends up working at a security company with us and admits freely and only once that the adoption was all a lie. Nothing changes though and we cant find a local attorney to take case.
Fast forward to June of 2016. We receive a message from birth mother to call. When she doesn't answer immediately we call my husbands mom. Find out that the daughter (now almost 13 at time) has claimed her adopted dad has abused her. She's scared and shaking and has bruises and marks. So we keep in touch with mom and grandmom as grandmom and daughter start a case with cps and sherrif. At this point we were staying out of it because it was being handled. The next day cps returns child to the household of the accused abuser. Three days later she recants her story. We were involved at this point and making noise at cps and courthouse. We applied for custody along with grandmother. The mom lives in calIfornia at time and doesn't have physical custody of either of her kids. We go to first court hearing. Cps requests to be removed because they find no evidence. Guardian ad litem requests counselling but remain in home because they see no evidence (take note there are pictures on file of bruising and the girls statements) they also request a hair follicle drug test from my husband and I with no reasonable cause but no one else in case including the alleged abuser. Grandmother is stripped down to supervised visits under third party (which isn't happening) and mother is stripped of everything but supervised visits. We are blocked completely though we were supposed to be brought up with counselor about best interest and were not. Adopted dad is to go to counseling too. They attend the same counselor. We have trial in February.
I know this transcends subject matters but my question is this: the mother, pos that she is, claims he was threatening her When she lies to my husband to get adoption done. However she won't speak out because she's afraid of him still even though she lives across country and he will make things difficult for her to see her son if she does. How do we prove the adoption wrongful with this issue? The only thing we can get are statements from other family members of what she said. This child desperately needs to be out of this household. The mother has stated in court that she won't uproot herself for those kids. We firmly believe we are the best place for her. We have two other girls who desperately want to I is their sister and my oldest has had therapy to learn to cope with her loss.
Ok so in 2008 my husband signed adoption papers to his oldest daughter. She was to be adopted by her step dad. At the time we were told it would be so she could have good health insurance through his military insurance, for travelling purposes as they were "supposed " to go overseas etc and that it would change nothing and that he would still get to see his daughter when they were in town. (we lived in Alabama and they had just moved to Colorado) the mothers other words at the time were "it will get rid of your child support too and I won't have to have you locked up for your arrears" (side note: he was paying his job wasn't sending it at the time though and he has arrears built up. And I was pregnant) initially my husband told her where to shove it. Where upon she promised to keep him incarcerated and unable to care for his infant son and the child we were to have. Shortly after he had lost his joband we were homeless and expecting a baby very shortly. Believing he would still have a connection with his daughter and the lies he was told he thought it would be in her best interest to sign the papers. So he did. His entire family was told the same lies including they would continue to get to see her. As soon as the adoption was final he got a phone call and was told he would never see his daughter again. The only member of his family to continue to see her was his mom (the daughters biological grandmother).
Fast forward three years later. The mother ends up working at a security company with us and admits freely and only once that the adoption was all a lie. Nothing changes though and we cant find a local attorney to take case.
Fast forward to June of 2016. We receive a message from birth mother to call. When she doesn't answer immediately we call my husbands mom. Find out that the daughter (now almost 13 at time) has claimed her adopted dad has abused her. She's scared and shaking and has bruises and marks. So we keep in touch with mom and grandmom as grandmom and daughter start a case with cps and sherrif. At this point we were staying out of it because it was being handled. The next day cps returns child to the household of the accused abuser. Three days later she recants her story. We were involved at this point and making noise at cps and courthouse. We applied for custody along with grandmother. The mom lives in calIfornia at time and doesn't have physical custody of either of her kids. We go to first court hearing. Cps requests to be removed because they find no evidence. Guardian ad litem requests counselling but remain in home because they see no evidence (take note there are pictures on file of bruising and the girls statements) they also request a hair follicle drug test from my husband and I with no reasonable cause but no one else in case including the alleged abuser. Grandmother is stripped down to supervised visits under third party (which isn't happening) and mother is stripped of everything but supervised visits. We are blocked completely though we were supposed to be brought up with counselor about best interest and were not. Adopted dad is to go to counseling too. They attend the same counselor. We have trial in February.
I know this transcends subject matters but my question is this: the mother, pos that she is, claims he was threatening her When she lies to my husband to get adoption done. However she won't speak out because she's afraid of him still even though she lives across country and he will make things difficult for her to see her son if she does. How do we prove the adoption wrongful with this issue? The only thing we can get are statements from other family members of what she said. This child desperately needs to be out of this household. The mother has stated in court that she won't uproot herself for those kids. We firmly believe we are the best place for her. We have two other girls who desperately want to I is their sister and my oldest has had therapy to learn to cope with her loss.
