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Old 04-11-2002, 03:44 AM
mommie23
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Termination of Rights do we have a chance?


My husband has an 8 year old son he had a steady relationship with his son since he was born up until he was the age of 6 years old, although his mother always told bio dad she would replace him with a more suitable father one day she still allowed visitation between my husband and his son (she used to go a lot and work so it was mostly out of need) When his son turned 6 she dissappeared with him .. We tried calling her mothers home repeatedly and calls were left unanswered, he left message after message requesting info on his sons whereabouts no one ever called him back,

The two or 3 times he did talk to her mother her mother told him that they did not want him in his sons life any longer and that they would give him no information as to where he was. He finally got fed up and went to their home .. they told him to get off therir property and stay off or they would call the police, so he went home. We began calling schools to see if his son was attending and could not locate him or his mother, his family continued to call her mothers home leaving messages and they all went unanswered..... 2 years and 11 months passed...

We finally found out this year she had been married only 4 SHORT MONTHS after dissappearing with his son (this must be why she dissappeared?) anyhow we found her home address married name and then immediately (NEXT DAY) filed papers with the court for Joint Custody/Visitation we went to serve her to find out she had moved 6 months prior... we then called schools again looking for his son in hopes of finding him at the school he attended at age 6 .. we had called before and they said he didnt attend this time we asked for him with her married last name SURE ENOUGH he was there!.. we served her at the school...

Bringing us to the current situation she responded to his order to show cause with a TRO based on ALL false ACCUSATIONS claiming he abandoned his son... and he hadnt seen him since age 3 .. we responded with pictures of him with us in our home over the ages 4 5 and 6 even birthday cake photos and photos of him with his sister (our daughter) who is now 3 ... this proved she was lying..

She then responded with a TERMINATION OF PARENTAL RIGHTS claiming her son was abandoned and a STEP PARENT Adoption petition.. we have paid 4000 to an attorney does he have a chance.. or will his son be taken away forever because of her lies.. his son knows who his father is he held his hand and cried the day we saw him at school when we served her papers.. he said your my dad and cried.. what can we do .. is she going to get away with this??? HE DID NOT Abandon him she CONCEALED his WHEREABOUTS!!
  #2  
Old 04-11-2002, 08:32 AM
squirrel228
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Rules vary from state to state. I know Calif. has a step-parent adoption with abandonment as an option to terminate the bio parents rights. It sounds like you can prove she is lying, courts hate to be lied to! I am currently trying to prevent my ex husband from visitation which he filed only because he has to pay child support, just last year he wanted to terminate his rights. Anyway he really did abandon our son who is almost five now and does not know my ex at all! My atty said bio parents usually get visitation short of being a convicted child molester or snake handler! I'm sorry I can't tell you anything for certain, but I hope this helps. I think you guys have a strong case, and any atty who costs $4,000. certainly should win! Best of luck with your case, and congratulations to your husband for not letting her take his son! There aren't a lot of fathers who care as much as he does. She should be glad he is so eager to maintain a relationship with his son. Especially since the child had developed such a bond with him!
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