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stepparent adoption

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toyyasman

Guest
What is the name of your state? i live in virginia.

My daughter's mother and i separated when she was around six months old. in 1994 i was sent to prison for 5 years on a strong arm robbery charge. in 1998 my ex-girlfriend got married. last saturday she died and her new husband is saying that he legally adopted my daughter. i remember the paperwork coming to the prison but i did not sign and told the counselor at the prison that i did not want this to happen. could my incarceration have been a reason to terminate my legal rights as her biological father. could he legally have adopted her and how do i find out if he did or didn't being that adoption records in virginia are sealed until the child turns 18 and she is only 10. i have no papers on this matter and if he does have them he is not willing to show them to me. i want custody of my child and need to know what to do.

thank you for your help
Chris
 


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I AM ALWAYS LIABLE

Senior Member
toyyasman said:
What is the name of your state? i live in virginia.

My daughter's mother and i separated when she was around six months old. in 1994 i was sent to prison for 5 years on a strong arm robbery charge. in 1998 my ex-girlfriend got married. last saturday she died and her new husband is saying that he legally adopted my daughter. i remember the paperwork coming to the prison but i did not sign and told the counselor at the prison that i did not want this to happen. could my incarceration have been a reason to terminate my legal rights as her biological father. could he legally have adopted her and how do i find out if he did or didn't being that adoption records in virginia are sealed until the child turns 18 and she is only 10. i have no papers on this matter and if he does have them he is not willing to show them to me. i want custody of my child and need to know what to do.

thank you for your help
Chris
Click to expand...

My response:

You said - -

"i was sent to prison for 5 years on a strong arm robbery charge. could my incarceration have been a reason to terminate my legal rights as her biological father."



Gee, do you think?

Do you honestly believe that it would be in your daughter's best interests to be in your custody?

Leave it alone. Let your daughter grow up in a decent household, without having to know that her father is a felon. She doesn't even know you. But, in your selfishness, you'd tear her away from the people, places and things she knows.

She doesn't need that in her life. And, she obviously doesn't need you. You haven't learned a damn thing.

IAAL
 
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toyyasman

Guest
i have been out of prison for four years now. she already knows that i am a felon, she came to see me in prison. since i have been out i have paid child support on a regular basis and have regular visitation, unsupervised by the way, with my daughter. i also have two other children in which i raise. i was young and made a mistake, in which i have now paid for. and no matter what my past mistakes my daughter still deserves to be with her father.

Chris
 
I

I AM ALWAYS LIABLE

Senior Member
toyyasman said:


"my daughter still deserves to be with her father."

================================


My response:

No, she doesn't "deserve" that!

She deserves much more, and much better in life. As a felon, you can't possible give her a better life.

Stop being selfish. Leave the situation alone.

IAAL
Click to expand...
 
S

Seanscott

Member
In many states, incarceration can be a reason to terminate parental rights. If you did not sign a consent to adopt, you should have filed with the court to contest the adoption. If you didn't, then your consent may have been "implied".
 
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italiamom

Guest
For starters you should check into the adoption. If you have been paying court ordered child support and have court ordered visitation then I might question whether your wife's husband was allowed to adopt your daughter. With that said you need to examine the situation. Have you ever heard the words "for the best interest of the child" Your "daughter" has been raised in a home with this man and your wife she has lost her mother and now you want to take her from her HOME?? Legally you may have the right to try and do that but what about morally?
 
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