What is the name of your state? WA
Bio-dad was properly served with termination and adoption papers and fumbled his chance at stopping the termination of his parental rights and adoption.
Question: Can he now nine months after the final adoption decree and try to have the adoption vacated on the grounds of jurisdiction and stating bio mom misrepresented herself.
I’m looking for any similar cases, options, advice, websites or/and strategies.
The kicker is the same judge that terminated bio dad’s parental rights is going to hear the petition to vacate the adoption. His lawyer sounds like a first year law student also.
History:
Bio dad is trying to vacate step-parent adoption. Bio dad knew about the adoption from the beginning. Bio mom had the children while bio dad had custody on paper. Bio dad agreed to the move. Bio dad had no voluntary or involuntary contact with children until 8 months after bio mom moved to Washington State from Pennsylvania. Bio dad never had physical custody of children. Bio dad is trying to get out of paying child support for children he's 14K in the hole for back child support. bio dad is starting proceedings to vacate adoption 6mos after the 30 day grace period for appeal.
Bio dad did not consent to the adoption and had his parental rights terminated. Bio dad had every opportunity to abort the adoption but did not follow proper procedure according to the courts or even contact the courts to stop adoption.
When couple divorced originally Mom maintained physical custody of children without the courts getting involved. Mom filed for custody and child support and got both. Mother received child support for first six months of order, then no more after that point. One year later Mom decided to enter the Military for a better life for the children. Mom had to turn custody over to a family member or bio father while in basic training, as a part of her contract with the Navy. Custody was to be automatically turned back over to Mom at the completion of basic training. Mom signed over custody on paper to bio dad who at no point in time ever had physical custody of children. PA courts made a mistake in the custody papers by not wording that custody was to revert back to Mom after training period. Bio mom paid paternal grandmother to baby-sit children for 5 months ($300/month) while going through training. PA court did not put into custody agreement that this was a temporary situation and custody was to revert back to Mom. Mom returned from boot camp and moved with children to WA State. She was not allotted time to go and have everything reversed in court. Mom was going to pursue situation in WA. Bio dad didn't contact or pursue a relationship with children. Navy JAG lawyers said Mom had to go to PA to handle situation. Mom waited the six months to establish residency in WA and the JAG lawyers still said Mom had to pursue in PA. Frustrated mom tried to do it long distance still no help. Mom finally after a year and a half filed for step parent adoption. Mom was remarried on 22OCT02, left for WA state on 28OCT02
both parents had joint legal custody. Bio dad on paper had primary physical custody, Bio mom had unlimited partial custody as parties may agree. Bio dad agreed that Bio mom would keep kids and agreed to the move. No charges have been filed for parental kidnapping of children. Bio dad was served in accordance with Washington State RCW codes where Bio mom has resided and still resides with children in Washington state since leaving PA 3 years ago.
Only charges filed were contempt charges against mom for not returning children. Mom was found in contempt of court and no follow up was done to pursue the issue. There are no warrants out for bio mom’s arrest. There are no pending or outstanding cases in PA in this matter.
The New question is which state has jurisdiction PA or WA. PA never expressed jurisdiction or exclusive jurisdiction over the case or the children. During the Termination/Adoption (couple of months after bio mom was found in contempt of court) process WA expressed jurisdiction over everyone involved. According to WA State a child and parent have to reside in the state for at least six months before a proceeding can be brought to court and to be considered the child’s home state, PA says the same thing. Bio mom was living here for one year and six months before filing to terminate parental rights and adoption.
Bio-dad was properly served with termination and adoption papers and fumbled his chance at stopping the termination of his parental rights and adoption.
Question: Can he now nine months after the final adoption decree and try to have the adoption vacated on the grounds of jurisdiction and stating bio mom misrepresented herself.
I’m looking for any similar cases, options, advice, websites or/and strategies.
The kicker is the same judge that terminated bio dad’s parental rights is going to hear the petition to vacate the adoption. His lawyer sounds like a first year law student also.
History:
Bio dad is trying to vacate step-parent adoption. Bio dad knew about the adoption from the beginning. Bio mom had the children while bio dad had custody on paper. Bio dad agreed to the move. Bio dad had no voluntary or involuntary contact with children until 8 months after bio mom moved to Washington State from Pennsylvania. Bio dad never had physical custody of children. Bio dad is trying to get out of paying child support for children he's 14K in the hole for back child support. bio dad is starting proceedings to vacate adoption 6mos after the 30 day grace period for appeal.
Bio dad did not consent to the adoption and had his parental rights terminated. Bio dad had every opportunity to abort the adoption but did not follow proper procedure according to the courts or even contact the courts to stop adoption.
When couple divorced originally Mom maintained physical custody of children without the courts getting involved. Mom filed for custody and child support and got both. Mother received child support for first six months of order, then no more after that point. One year later Mom decided to enter the Military for a better life for the children. Mom had to turn custody over to a family member or bio father while in basic training, as a part of her contract with the Navy. Custody was to be automatically turned back over to Mom at the completion of basic training. Mom signed over custody on paper to bio dad who at no point in time ever had physical custody of children. PA courts made a mistake in the custody papers by not wording that custody was to revert back to Mom after training period. Bio mom paid paternal grandmother to baby-sit children for 5 months ($300/month) while going through training. PA court did not put into custody agreement that this was a temporary situation and custody was to revert back to Mom. Mom returned from boot camp and moved with children to WA State. She was not allotted time to go and have everything reversed in court. Mom was going to pursue situation in WA. Bio dad didn't contact or pursue a relationship with children. Navy JAG lawyers said Mom had to go to PA to handle situation. Mom waited the six months to establish residency in WA and the JAG lawyers still said Mom had to pursue in PA. Frustrated mom tried to do it long distance still no help. Mom finally after a year and a half filed for step parent adoption. Mom was remarried on 22OCT02, left for WA state on 28OCT02
both parents had joint legal custody. Bio dad on paper had primary physical custody, Bio mom had unlimited partial custody as parties may agree. Bio dad agreed that Bio mom would keep kids and agreed to the move. No charges have been filed for parental kidnapping of children. Bio dad was served in accordance with Washington State RCW codes where Bio mom has resided and still resides with children in Washington state since leaving PA 3 years ago.
Only charges filed were contempt charges against mom for not returning children. Mom was found in contempt of court and no follow up was done to pursue the issue. There are no warrants out for bio mom’s arrest. There are no pending or outstanding cases in PA in this matter.
The New question is which state has jurisdiction PA or WA. PA never expressed jurisdiction or exclusive jurisdiction over the case or the children. During the Termination/Adoption (couple of months after bio mom was found in contempt of court) process WA expressed jurisdiction over everyone involved. According to WA State a child and parent have to reside in the state for at least six months before a proceeding can be brought to court and to be considered the child’s home state, PA says the same thing. Bio mom was living here for one year and six months before filing to terminate parental rights and adoption.
