• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Not Sure what my options are

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Mitch_77

Junior Member
What is the name of your state (only U.S. law)? CO

Back in November of '07 I broke up with my girlfriend after 5 1/2 years together. At the time our daughter was 2 1/2 years old. I debated for months about what would be best for our daughter if we stayed together in a loveless relationship that I was sure my all-too-astute child would soon pick up on the tension between us, or to break up with her and maintain a civil relationship apart so that our daughter might know both of her parents in a somewhat more positive light.

After the break up, she moved back in with her parents, since I was the one who was paying for everything so I could afford to keep the townhouse we were renting, and I allowed her to take our daughter with her since her parents don't work and it would ultimately be easier for them to take care of my daughter during the day. After a couple of weeks the grandparents brought up the issue of them adopting my daughter so that she could recieve certain VA health care benefits (grandfather is retired military with 100% disability, which is why neither granparent has to work). I was very hesitant about the idea of signing away all rights to my daughter, thinking that this soon after the break up they might be angry with me and try to keep me from seeing her and there would be nothing I can do about it. They repeatadly assured me that that would never happen, that I would always be the father and be a part of my daughter's life.

After months of my waffling, trying to avoid the issue, because I wasn't comfortable with it, they finally managed to convince me to sign the paper work. My visitations with my daughter continued unchanged, i got her 2 days a week and one day a weekend, since they live very nearby to me it was a pretty good arrangement, I thought. I worked around their schedule and flexed when they needed me to.

Suddenly, 2 weeks ago all communication with them stopped without warning. I tried repeatedly to call them to find out the situation and even stopped over to make sure that everything was okay, given the grandfather's health I thought maybe something tragic had happened. Everyone appeared to be in good health, but I recieved a very frosty reception indeed. After telling my daughter I loved her, and asking if I would still see her the next day, my normal day to have her, I recieved no response, then a non-commital response, and I left. That was the last time I saw her.

That following Tuesday, 2 days after stopping by, on July 8, I recieved a letter hand delivered by a man who identified himself as a private investigator, who flashed a badge but provided no other identification. The contents of the letter stated that I had terminated my rights as the father and had no reason to seek contact with her, nor did anyone in my family. That we were no longer relatives of my daughter, and if I tried to contact her the grandparents would pursue all legal action as was available to them, criminal or civil.

I feel that I was duped into this by them, and that they lied to me during the whole process. I love my daughter more than anything, I'm not a deadbeat dad who ditched her and ran off and decided after 15 years that I want to see her. No, we have, had, a great relationship, I looked forward to my time with her and she with me. I thought I was acting in the best interests of my daughter, when all i was doing was giving these "people" the ammuntion to wound me more than anyone else possibly could.

I've been to the courthouse and gotten the case number and a form to re-open the case, a "motion for good cause" I believe. I'm just worried that I have no chance at re-opening the case and getting my rights back. Even though I can see plainly enough that I was defrauded and willfully mislead by these people, it's a matter of I said they said.

I'm currently in the process of gather whatever documents I can, which is frighteningly little, because most of the communication was verbal, with only their promises to make sure that I could still have time with my daughter.

Does anyone know what my chance are in this?? Good, bad, coin-toss could go either way?

I appreciate anyone who took the time to read my novella and could respond with any helpful advice.
 


What is the name of your state (only U.S. law)? CO

Back in November of '07 I broke up with my girlfriend after 5 1/2 years together. At the time our daughter was 2 1/2 years old. I debated for months about what would be best for our daughter if we stayed together in a loveless relationship that I was sure my all-too-astute child would soon pick up on the tension between us, or to break up with her and maintain a civil relationship apart so that our daughter might know both of her parents in a somewhat more positive light.

After the break up, she moved back in with her parents, since I was the one who was paying for everything so I could afford to keep the townhouse we were renting, and I allowed her to take our daughter with her since her parents don't work and it would ultimately be easier for them to take care of my daughter during the day. After a couple of weeks the grandparents brought up the issue of them adopting my daughter so that she could recieve certain VA health care benefits (grandfather is retired military with 100% disability, which is why neither granparent has to work). I was very hesitant about the idea of signing away all rights to my daughter, thinking that this soon after the break up they might be angry with me and try to keep me from seeing her and there would be nothing I can do about it. They repeatadly assured me that that would never happen, that I would always be the father and be a part of my daughter's life.

After months of my waffling, trying to avoid the issue, because I wasn't comfortable with it, they finally managed to convince me to sign the paper work. My visitations with my daughter continued unchanged, i got her 2 days a week and one day a weekend, since they live very nearby to me it was a pretty good arrangement, I thought. I worked around their schedule and flexed when they needed me to.

Suddenly, 2 weeks ago all communication with them stopped without warning. I tried repeatedly to call them to find out the situation and even stopped over to make sure that everything was okay, given the grandfather's health I thought maybe something tragic had happened. Everyone appeared to be in good health, but I recieved a very frosty reception indeed. After telling my daughter I loved her, and asking if I would still see her the next day, my normal day to have her, I recieved no response, then a non-commital response, and I left. That was the last time I saw her.

That following Tuesday, 2 days after stopping by, on July 8, I recieved a letter hand delivered by a man who identified himself as a private investigator, who flashed a badge but provided no other identification. The contents of the letter stated that I had terminated my rights as the father and had no reason to seek contact with her, nor did anyone in my family. That we were no longer relatives of my daughter, and if I tried to contact her the grandparents would pursue all legal action as was available to them, criminal or civil.

I feel that I was duped into this by them, and that they lied to me during the whole process. I love my daughter more than anything, I'm not a deadbeat dad who ditched her and ran off and decided after 15 years that I want to see her. No, we have, had, a great relationship, I looked forward to my time with her and she with me. I thought I was acting in the best interests of my daughter, when all i was doing was giving these "people" the ammuntion to wound me more than anyone else possibly could.

I've been to the courthouse and gotten the case number and a form to re-open the case, a "motion for good cause" I believe. I'm just worried that I have no chance at re-opening the case and getting my rights back. Even though I can see plainly enough that I was defrauded and willfully mislead by these people, it's a matter of I said they said.

I'm currently in the process of gather whatever documents I can, which is frighteningly little, because most of the communication was verbal, with only their promises to make sure that I could still have time with my daughter.

Does anyone know what my chance are in this?? Good, bad, coin-toss could go either way?

I appreciate anyone who took the time to read my novella and could respond with any helpful advice.

Sorry, I found this:

Time for Revocation:
Consent may be revoked only if, within 90 days after entry of order, it is established by clear and convincing evidence that it was obtained by fraud or duress.
 

Zigner

Senior Member, Non-Attorney
Sorry, I found this:

Time for Revocation:
Consent may be revoked only if, within 90 days after entry of order, it is established by clear and convincing evidence that it was obtained by fraud or duress.
And, this is NOT a case of "fraud or duress". Ignorance or apathy on the part of the father does not rise to that level.
 

Mitch_77

Junior Member
I'm not sure I follow, so I fall under the catagory of 'ignorant or apathetic' based on the fact that I believed people I had no reason not to believe, and now have no recourse?
 

Just Blue

Senior Member
I'm not sure I follow, so I fall under the catagory of 'ignorant or apathetic' based on the fact that I believed people I had no reason not to believe, and now have no recourse?
Believing these people was foolish...Not taking the time to understand/investigate that an adoption would sever all your rights to your child was ignorant and apathetic. Contact an adoption attorney and see what, if anything, can be done. Don't get your hopes up.
 

Silverplum

Senior Member
I'm not sure I follow, so I fall under the catagory of 'ignorant or apathetic' based on the fact that I believed people I had no reason not to believe, and now have no recourse?
You didn't read what you signed, dude. Or did and didn't care.

Ignorant and apathetic, utterly.

And no longer this child's father.
 

LdiJ

Senior Member
I'm not sure I follow, so I fall under the catagory of 'ignorant or apathetic' based on the fact that I believed people I had no reason not to believe, and now have no recourse?
Here is your problem....

You agree to allow them to adopt your daughter. That means that you are no longer her father, and no longer have a legal relationship to your daughter. Adoption is a huge and permanent thing.

They agreed, in exchange, but only verbally, to allow you to continue to see the child. That is called an open adoption. However, there was nothing in writing regarding this, and I don't know if CO is one of the handfuls of states that will enforce an open adoption contract.

You REALLY need a consult with an attorney. I have no idea if you have any chance at all of reversing the adoption, but I do know that you have zero chance of doing anything without a strong attorney.
 

Mitch_77

Junior Member
You didn't read what you signed, dude. Or did and didn't care.

Ignorant and apathetic, utterly.

And no longer this child's father.
Yes, I knew exactly what I was going into, and this exact situation was my biggest objection, which they constantly promised that this would never happen. Yes I'm perhaps the biggest idiot now on the face of the planet, but I can't believe there isn't something I can do. I'm attorney shopping now, but I don't make tons of money, I have a good government job, but yeah. I mean if they can claim ignorance and apathy, then certainly I can turn around and claim willful deciet and breach of good-faith or something?
 

Silverplum

Senior Member
Yes, I knew exactly what I was going into, and this exact situation was my biggest objection, which they constantly promised that this would never happen. Yes I'm perhaps the biggest idiot now on the face of the planet,
No argument here.
Mitch_77 said:
but I can't believe there isn't something I can do.
There's a gloriously maroon sky with a big blue sun here in Colorado today, right?

You're in denial. Having a problem with reality.
Mitch_77 said:
I'm attorney shopping now, but I don't make tons of money, I have a good government job, but yeah. I mean if they can claim ignorance and apathy, then certainly I can turn around and claim willful deciet and breach of good-faith or something?
You're throwing money away.
 

TreyTyesMommy

Junior Member
I can help you- I signed up just so I could discuss this situation with you. This same thing happened to me in 2003. I was 16 when I had my daughter and naively signed over guardianship to the grandmother....strictly for insurance purposes. I did not want to use state funding and she had the insurance for my daughter. She promised she would give me guardianship back as soon as I graduated from college and could provide insurance for my child. SHE LIED! I never left my daughter- I raised her entirely. Except for the paperwork there was no change. When it came time for me to take my rights back, she fought me. I remember the day so well; I dropped my daughter off to daycare that morning and when I showed up to get her in the evening- she was gone! There was nothing I could do, until I hired a lawyer. Six months later and $15,000.00, I won FULL custody and she had to pay half of my lawyer bills!

Don't listen to those people. Call your newspaper or television station and tell them what these people did to you. Tell them how they STOLE your child and tricked you and show them your sorrow and pain. Get your photos of you and your daugheter AND any video tapes you have. Send me a message- I will help you with this! I have a HUGE passion for the situation your in.
 

TreyTyesMommy

Junior Member
On another note...why are the senior members so hurtful to the new members? Isn't that the point of the forum...to allow others the opportunity to post and ask questions? This world doesn't need anymore hurtful words and critical comments. BE DIFFERENT! BE NICE! It doesn't hurt anyone to use some tact and give others grace & patience.
 

Just Blue

Senior Member
I can help you- I signed up just so I could discuss this situation with you. This same thing happened to me in 2003. I was 16 when I had my daughter and naively signed over guardianship to the grandmother....strictly for insurance purposes. I did not want to use state funding and she had the insurance for my daughter. She promised she would give me guardianship back as soon as I graduated from college and could provide insurance for my child. SHE LIED! I never left my daughter- I raised her entirely. Except for the paperwork there was no change. When it came time for me to take my rights back, she fought me. I remember the day so well; I dropped my daughter off to daycare that morning and when I showed up to get her in the evening- she was gone! There was nothing I could do, until I hired a lawyer. Six months later and $15,000.00, I won FULL custody and she had to pay half of my lawyer bills!

Don't listen to those people. Call your newspaper or television station and tell them what these people did to you. Tell them how they STOLE your child and tricked you and show them your sorrow and pain. Get your photos of you and your daugheter AND any video tapes you have. Send me a message- I will help you with this! I have a HUGE passion for the situation your in.
This isn't a guardianship. The OP signed his parental rights away. His daughter was adopted. He is no longer the father. Your post is useless.
 

Silverplum

Senior Member
Oh, by the way, , DO POST THE LEGAL CITATION, FROM COLORADO LAW, THAT WILL RETURN THE ADOPTED CHILD TO THE BIOLOGICAL NOT-A-FATHER-ANY-MORE.
 
Last edited by a moderator:
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top