Legal Misconduct With No Reparation

[the good dad]

State of Montana

My ex wife's lawyer adopted our child to her new husband. They went through a different judge than the one that was handling our family law case. Both judges now recognize that what he did was wrong and not legitimate .. but nobody will address it. I have had three lawyers and all say that they will properly challenge it, but then they do nothing. My current lawyer is now saying that he will not formally address it because he talked to the judge and "the judge doesn't want to have to deal with the ethics violation" that the other lawyer committed. I can fire this guy .. but all that I will have to do is hire another one to the get the same result. I have doubt that the judge would want to not deal with this and at any rate my daughter and my rights have obviously been violated. Is my lawyer lying to me about "what the judge wants" just to get out of doing something? What recourse do I have? I have reported it the Office of Disciplinary Counsel, and they have asked more questions about it but no results. I have even tried firing my lawyer and doing it pro se, but the court did not answer my complaint. The lawyer that did this has had numerous censures and a recent suspension so he will probably lose his licence if he "gets caught" for this. I believe that that is why nobody will represent me .. but I have a right to have this adoption set aside. Help!!

 

[Ohiogal]

State of Montana

My ex wife's lawyer adopted our child to her new husband. They went through a different judge than the one that was handling our family law case. Both judges now recognize that what he did was wrong and not legitimate .. but nobody will address it. I have had three lawyers and all say that they will properly challenge it, but then they do nothing. My current lawyer is now saying that he will not formally address it because he talked to the judge and "the judge doesn't want to have to deal with the ethics violation" that the other lawyer committed. I can fire this guy .. but all that I will have to do is hire another one to the get the same result. I have doubt that the judge would want to not deal with this and at any rate my daughter and my rights have obviously been violated. Is my lawyer lying to me about "what the judge wants" just to get out of doing something? What recourse do I have? I have reported it the Office of Disciplinary Counsel, and they have asked more questions about it but no results. I have even tried firing my lawyer and doing it pro se, but the court did not answer my complaint. The lawyer that did this has had numerous censures and a recent suspension so he will probably lose his licence if he "gets caught" for this. I believe that that is why nobody will represent me .. but I have a right to have this adoption set aside. Help!!

Clarify something -- your ex-wife used her lawyer to arrange and carry through a stepparent adoption? Or your ex-wife's lawyer and the lawyer's husband adopted the child of you and your ex-wife? One there is no issue with. The second there might not be an issue if your ex wife was fine with it AND you were properly served.

 

[the good dad]

Clarify something -- your ex-wife used her lawyer to arrange and carry through a stepparent adoption? Or your ex-wife's lawyer and the lawyer's husband adopted the child of you and your ex-wife? One there is no issue with. The second there might not be an issue if your ex wife was fine with it AND you were properly served.

My ex-wife and her husband used the same lawyer that was representing her in our custody case to carry through a stepparent adoption, without serving me.

 

[Ohiogal]

My ex-wife and her husband used the same lawyer that was representing her in our custody case to carry through a stepparent adoption, without serving me.

The lawyer did nothing wrong in the dual representation. The issue is you were not served. Therefore you need to either have an attorney file a 60(B) motion to overturn the adoption OR file a discretionary appeal on the adoption.

 

[the good dad]

The lawyer did nothing wrong in the dual representation. The issue is you were not served. Therefore you need to either have an attorney file a 60(B) motion to overturn the adoption OR file a discretionary appeal on the adoption.

You could certainly be right .. but from what I am told by everyone involved in the case there was clearly a violation. One of the issues, for example, is that the law doesn't allow the same parties to have proceedings in front more than one judge. When we had a custody case in one judge's court .. the violation was to file a motion involving the same children in another court. Of course I don't know myself that this was a violation, but every lawyer I have had as well as both judges (I am told) agree that it was.

The other issue is that in filing the adoption, they represented that there were no other interested parties, which of course there were. Of course the party filing for the adoption was the stepfather, so technically it was him that represented that. But his lawyer (which was also my ex wife's lawyer) also necessarily had that knowledge.

Also, the 60(B) won't work because it is more than a year after the adoption. Further clouding the issue is the fact that they kept the adoption a secret from me until two years or so afterwards, apparently to keep me from filing any objection to it.

The part that I'm really having the problem with is every lawyer says that they can do something .. until the check clears the bank. Then they come up with some reasons that they can't or won't file anything. My current lawyer was very clear that he would file a motion to combine the two cases and then file a motion to set aside the adoption. Now that he has the $3500 retainer he asked for, he tells me that the judge doesn't want the cases combined because he (the judge) would then be forced to deal with the ethics violation.

Thanks for your advise, I know that it's a complicated case.

 

[commentator]

Quote:"Further clouding the issue is the fact that they kept the adoption a secret from me until two years or so afterwards, apparently to keep me from filing any objection to it."

????? How did they do that? You didn't notice that your child (which by the way you never mention as a person in this case, just how badly you were done wrong) was adopted by someone else. Were you exercising visitation and paying support all this time?

 

[the good dad]

????? How did they do that? You didn't notice that your child was adopted by someone else. Were you exercising visitation and paying support all this time?

Well they don't put a stamp on them or brand them or anything when they go through an adoption, so no it wasn't obvious. Yes I had visitation (5 days a week), and no I didn't pay child support since I had her the majority of the time there was none ordered. She (my ex-wife) indicated via email that her husband was going to adopting the child .. but when I raised questions of the legality she dropped the issue. Then they did the adoption, but didn't notify me and didn't let any of the paperwork be seen by me to keep me from objecting. Yes, this really happened like that. Pretty legit right?

(which by the way you never mention as a person in this case, just how badly you were done wrong)

I don't know what you mean by this

 

[the good dad]

I just talked to my attorney again about this issue, and he says that the judge in our case is willing to hand down a ruling that states that I am the child's true and correct father .. and that her last name is as it was before the adoption. This will effectively "negate" the adoption, but does so without getting the other attorney in trouble. It also never really declares that the adoption was wrongful, though it clearly was. In fact, the adoption was part of a campaign that my ex-wife and her husband have undertaken (and continues to this day) to destroy the parent-child relationship between my daughter and I.

I told him that it didn't feel like my interests were being represented here, and he told me that if I don't like what he is (or isn't) doing then I should get another attorney. Which of course would take my retainer and then not do anything.

Which bring me back to the heart of my question .. and this thread. What to do when no attorneys will properly represent me because doing so would get another attorney in trouble? Just accept that the system is corrupt and go to the beach?

 

[latigo]

.... the 60(B) won't work because it is more than a year after the adoption. Further clouding the issue is the fact that they kept the adoption a secret from me until two years or so afterwards, apparently to keep me from filing any objection to it.

Humbug! Read it again and this time pay attention to subparagraph (d):

(d) Other Powers to Grant Relief. This rule does not limit a court's power to:

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2) grant relief to a defendant who was not personally notified of the action; or

(3) set aside a judgment for fraud on the court.

____________________________

I’d like to hear more about this two-year conspiracy to keep you in the dark about the adoption.

My presumption is that your divorce decree awarded primary physical custody to the mother; granted you visitation rights; and that you were under an order to pay monthly child support.

If those assumptions are correct, are you representing to us that during that two year span you were excising regular visitation with the daughter and maintained current your child support payments and yet remained unaware that your parental rights and obligations had been done away with?

Frankly, that is pretty hard to swallow. Could there be other significant factors that have gone unmentioned. Like perhaps incarceration?
_________________________

I just talked to my attorney again about this issue, and he says that the judge in our case is willing to hand down a ruling that states that I am the child's true and correct father .. and that her last name is as it was before the adoption. This will effectively "negate" the adoption, but does so without getting the other attorney in trouble.

What kind of Mickey Mouse cartoon is this and who are the idiots writing and directing it?!

“ . . the judge is willing to rule that you are the child’s “true and correct father”.

That is the most absurd thing I've heard of. A ruling based on what and whose application? It wouldn’t negate a bloody thing!!!

The order of adoption did not affect your status as the child’s “true and correct father”. The order of adoption takes for granted that you are the child’s father.

All it would have done is to void the legal consequences of the parent/child relationship.

Geez! Which bar did you drag this attorney from?
_________________

If what you claim is true – that you were never notified of the application for the adoption nor given notice of the date setting a hearing on that application - then you were deprived of your 14th Amendment right to due process of law.

And according to the United States Supreme Court the ensuing order of adoption “was rendered constitutionally invalid”. Armstrong v. Manzo, 380 U.S. 545, 85 S.Ct. 1187, 14 L.Ed.2d 62 (1965),

And this holds true should, without notice, your parental right were terminated under Montana Code Title 41, Chapter 3 Part 6 – “Parent and Child Legal Relationship Termination”.

___________________________

The highest court in the land has long and consistently held that parental rights are a property right as the term appears in the 14th Amendment. And that property right cannot be taken away without affording the parent due process of law.

Here, due process of law is defined as the opportunity to heard in court. Either in person or by counsel.

So, if your attorneys are not smart enough to figure out how to enforce your property rights – other than this b… s… proposed ruling that you are the father – then get someone from a neighboring community that will represent you without worrying about stepping on sensitive toes!

 

[LdiJ]

I just talked to my attorney again about this issue, and he says that the judge in our case is willing to hand down a ruling that states that I am the child's true and correct father .. and that her last name is as it was before the adoption. This will effectively "negate" the adoption, but does so without getting the other attorney in trouble. It also never really declares that the adoption was wrongful, though it clearly was. In fact, the adoption was part of a campaign that my ex-wife and her husband have undertaken (and continues to this day) to destroy the parent-child relationship between my daughter and I.

I told him that it didn't feel like my interests were being represented here, and he told me that if I don't like what he is (or isn't) doing then I should get another attorney. Which of course would take my retainer and then not do anything.

Which bring me back to the heart of my question .. and this thread. What to do when no attorneys will properly represent me because doing so would get another attorney in trouble? Just accept that the system is corrupt and go to the beach?

Are you in a relatively small town? If so, that may be part of the problem. Many attorneys in a small town situation are reluctant to anger a judge...as that could damage their livelihoood. The solution to that is to bring in an attorney from a neighboring county, who would not be beholden to that judge for their livelihood.

Or, accept the "deal" as it stands to negate the adoption the way that the judge wants to do it. That would certainly be the more cost effective of the choices.

 

[the good dad]

Humbug! Read it again and this time pay attention to subparagraph (d):

I understand that I have a legal right to object to the adoption. Whether it be by 60(b) or otherwise. The problem I have is that no lawyer that has represented me will follow through on doing so, and when I filed an objection pro se I got no response from the court.

I’d like to hear more about this two-year conspiracy to keep you in the dark about the adoption.

My presumption is that your divorce decree awarded primary physical custody to the mother; granted you visitation rights; and that you were under an order to pay monthly child support.

If those assumptions are correct, are you representing to us that during that two year span you were excising regular visitation with the daughter and maintained current your child support payments and yet remained unaware that your parental rights and obligations had been done away with?

As I mentioned above I actually had the majority of parenting time with the child during the entire process (I had the weekdays and her mom had the weekends). Montana is a "shared custody" state so there was no primary parent specified in our parenting plan. There was also no support ordered. If there had been, it would have been her paying it since I had the majority of parenting time, but when we negotiated the parenting plan (years before the adoption) I asked that support be waved, as she was not working. Indeed it was waved. No, I was not in arrears.

After the adoption, the child started telling me and others that she "had a new dad". Eventually the mother went to the school and changed the child's name to the adopted name. My attorney at the time said that I had no recourse because there was no "proof" that an adoption took place. She eventually sent a letter to my ex-wife's attorney questioning the legality of how they had the child's name changed and asking for proof of the adoption if indeed there was one. The attorney replied on a sticky note that "adoption is sealed". It took 2 years after that to get access to the actual adoption order, which had somehow made it into my file of papers at my attorney's office. I found it after I dismissed her and was transferring the files to another attorney.

Frankly, that is pretty hard to swallow. Could there be other significant factors that have gone unmentioned. Like perhaps incarceration?

No, I was not in jail. I understand that it reads like fiction .. and probably comes across as that I must be hiding something, but I am not. I would think that that would be fairly naive, foolish and unproductive to try to pull the wool over the eyes of some people in a legal advice forum.

What kind of Mickey Mouse cartoon is this and who are the idiots writing and directing it?!

“ . . the judge is willing to rule that you are the child’s “true and correct father”.

That is the most absurd thing I've heard of. A ruling based on what and whose application? It wouldn’t negate a bloody thing!!!

The order of adoption did not affect your status as the child’s “true and correct father”. The order of adoption takes for granted that you are the child’s father.

I agree that it sounds absurd. This is what I am currently being told by my attorney. When I hired him, he said that he needed to motion for the adoption case (in one judge's court) to be incorporated into the custody case (being heard by the other judge). He could then ask for the adoption to be dismissed or set aside.

Now, however, he is saying that he has talked to both judges. Both judges agree that the adoption should not have taken place. But, the judge that did the adoption is not going to do anything about it, and the judge that is hearing our custody case does not want my attorney to make the motions that he said he would. Doing so would force him (the judge) to deal with the ethics violation committed by the other attorney, and he does not want to do that. He (the judge) will, however, make a ruling at our next appointed court hearing in July, that specifies that I am the child's father and that her name is as it was before the adoption. Hence, having the same outcome as an order setting aside the adoption, but without actually setting it aside. I realize that this is very shady to say the least. This is what I am being told by my attorney, and do not really know what to think of it. If I fire him, I have no reason to believe that any other attorney is going to do what he won't. As I said, my previous attorney's have failed to do what is obviously in my best interests.

Here, due process of law is defined as the opportunity to heard in court. Either in person or by counsel.

So, if your attorneys are not smart enough to figure out how to enforce your property rights – other than this b… s… proposed ruling that you are the father – then get someone from a neighboring community that will represent you without worrying about stepping on sensitive toes!

This is a good idea that I had not thought of. It just seems very wrong to me attorneys do not really have to act in my best interests.
Thank you for your comments!

 

[Ohiogal]

YOu can do a 60(B) for fraud upon the court if it is more than a year after the judgment if you just found out about the fraud. Get the court to restore your child's name and name you the true and only father of the child then file an ethics complaint against all the attorneys and probate judge involved. GO through the STATE BAR.

 

[latigo]

I understand that I have a legal right to object to the adoption. . . . blah, blah . . . . . .

Just what is it that you want from this web site?!

You have been told that the order of adoption is constitutionality invalid. And that you are legally entitled to bring an independent action to have the adoption set aside.

But you keep waffling with your - “but this and but that” - "he said" and "they said" - “they can do this” - “but they won’t do this” – ‘”the judge won’t let me do this” –

Try standing up on you own two feet for a change, take charge of your life and begin to assert yourself decisively. Your “Casper Milquetoast” act has worn thin.

AND PLEASE NOTE. There is not one blessed thing you can add to your many posts that is going to help your situation. No one in here can reverse that adoption order. So get off of the World Wide Web and do what it takes to get your daughter back.

No more excuses, please!

 

[the good dad]

Are you in a relatively small town? If so, that may be part of the problem. Many attorneys in a small town situation are reluctant to anger a judge...as that could damage their livelihoood. The solution to that is to bring in an attorney from a neighboring county, who would not be beholden to that judge for their livelihood.

Or, accept the "deal" as it stands to negate the adoption the way that the judge wants to do it. That would certainly be the more cost effective of the choices.

Yes .. it's in Montana where really every town is a "small town". And the problem does seem to be as you describe.
Great ideas, thank you!

 

[latigo]

Yes .. it's in Montana where really every town is a "small town". And the problem does seem to be as you describe.
Great ideas, thank you!

Ldij .... accept the "deal" as it stands to negate the adoption the way that the judge wants to do it. That would certainly be the more cost effective of the choices.

Accept the deal. What deal?

Can't you get it through your head that what the judge supposedly agrees to do - "rule that you are the child's true and correct father" WILL NOT NEGATE THE FLIPPIN ADOPTION!

Listen to you whine and paying heed to only want to hear gives cause to wonder if the girl isn't better off where she is. Because I guarantee you that if my child was taken from me as you describe I would not be fiddling around as your are playing word games on the bloody Internet. It sounds to me like you may be afraid of the new husband's shadow.