Husband gives up my step children for adoption, during divorce, without my knowledge

[Kelco]

What is the name of your state? Utah

I have three step children that I raise for six years, after their biological mother died, they were ages 6 months, 2 years, and 3 years old, when I got them. In 2015 he filed for a divorce and took the children with him and me and their half-siblings haven't been allowed to see or speak to them since. I was surprisingly contacted by the adoptive parents of two of the children. Who told me my husband had given them up for adoption in 2015 (just 3 months into our divorce proceedings) Can he do that without my knowledge and what can I do about it? The children were devestated to be taken away from me(their mom) then given to strangers. Now that they have been with their new parents for nearly 3 years I don't feel it would be healthy to disrupt their lives again, by trying to get them back, but the children really miss me and their six half-brothers and sisters. They really want to see us, spend time with us and be a part of our lives.
Can I get the adoption overturned or amended so I can have legal visitation rights? I raised the issue of these three children and being the only mother that they have known or remembered, in my initial divorce pleadings. The divorce is still pending. I really want visitation. I don't want to disrupt their lives again. Can I contest or ammend the adoption since I was never notified or gave consent? Anyone have any advice?

 

[Shadowbunny]

What is the name of your state? Utah

I have three step children that I raise for six years, after their biological mother died, they were ages 6 months, 2 years, and 3 years old, when I got them. In 2015 he filed for a divorce and took the children with him and me and their half-siblings haven't been allowed to see or speak to them since. I was surprisingly contacted by the adoptive parents of two of the children. Who told me my husband had given them up for adoption in 2015 (just 3 months into our divorce proceedings) Can he do that without my knowledge and what can I do about it? The children were devestated to be taken away from me(their mom) then given to strangers. Now that they have been with their new parents for nearly 3 years I don't feel it would be healthy to disrupt their lives again, by trying to get them back, but the children really miss me and their six half-brothers and sisters. They really want to see us, spend time with us and be a part of our lives.
Can I get the adoption overturned or amended so I can have legal visitation rights? I raised the issue of these three children and being the only mother that they have known or remembered, in my initial divorce pleadings. The divorce is still pending. I really want visitation. I don't want to disrupt their lives again. Can I contest or ammend the adoption since I was never notified or gave consent? Anyone have any advice?

Unless you adopted his children, then you are a legal stranger to them and have no parental rights. The best you can do is ask the adoptive parents if you can be a part of their lives.

 

[Kelco]

In Utah it states consent for adoption must be given by your spouse and notice of adoption proceedings must be given to anyone who has developed a parental relationship with the child.

 

[Kelco]

I didn't receive any notice of adoption proceedings.

 

[Just Blue]

In Utah it states consent for adoption must be given by your spouse and notice of adoption proceedings must be given to anyone who has developed a parental relationship with the child.

Why didn't you adopt the children during the 6 years you were married?

 

[Shadowbunny]

In Utah it states consent for adoption must be given by your spouse and notice of adoption proceedings must be given to anyone who has developed a parental relationship with the child.

That's not what the law says: Utah Adoption Code

 

[Just Blue]

In Utah it states consent for adoption must be given by your spouse and notice of adoption proceedings must be given to anyone who has developed a parental relationship with the child.

Can you post the "law" that a stepparent must be given notice?

 

[Just Blue]

Kelco, I am going to nicely ask you to NOT post to other members threads unless you can post the LEGALLY correct answer based on that States Statute.

 

[CTU]

In Utah it states consent for adoption must be given by your spouse and notice of adoption proceedings must be given to anyone who has developed a parental relationship with the child.

Even if that was the case (and it's not), it's far too late to do anything about the adoption now. You do not have standing to sue for visitation or custody.

 

[Kelco]

Can you post the "law" that a stepparent must be given notice?

UTAH 78B-6-110 Notice of adoption proceedings.
(d) the petitioner's spouse, if any, only if the petitioner's spouse has not joined in the petition;
(e) the adoptee's spouse, if any;
(f) any person who, prior to the time the mother executes her consent for adoption or relinquishes the child for adoption, is recorded on the birth certificate as the child's father, with the knowledge and consent of the mother;
(g) a person who is:
(i) openly living in the same household with the child at the time the consent is executed or relinquishment made; and
(ii) holding himself out to be the child's father;,(or mother,)and
(h) any person who is married to the child's mother (or father) at the time she executes her consent to the adoption or relinquishes the child for adoption, unless the court finds that the mother's spouse is not the child's father under Section 78B-15-607.

 

[PayrollHRGuy]

Just stop Kelco. That section of law is
Section 110.1 Prebirth notice to presumed father of intent to place a child for adoption.

Which wouldn't be a terrible mistake to make if the actual law that applies had not already been posted in the thread.

 

[Just Blue]

UTAH 78B-6-110 Notice of adoption proceedings.
(d) the petitioner's spouse, if any, only if the petitioner's spouse has not joined in the petition;
(e) the adoptee's spouse, if any;
(f) any person who, prior to the time the mother executes her consent for adoption or relinquishes the child for adoption, is recorded on the birth certificate as the child's father, with the knowledge and consent of the mother;
(g) a person who is:
(i) openly living in the same household with the child at the time the consent is executed or relinquishment made; and
(ii) holding himself out to be the child's father;,(or mother,)and
(h) any person who is married to the child's mother (or father) at the time she executes her consent to the adoption or relinquishes the child for adoption, unless the court finds that the mother's spouse is not the child's father under Section 78B-15-607.

Do you want a legally correct answer or the kind of answer you have been posting to other members threads?

 

[Kelco]

Sorry, I'm new and still trying to get the hang of things.

 

[Just Blue]

Sorry, I'm new and still trying to get the hang of things.

By nonsensical misdirection?

 

[Shadowbunny]

Kelco, did you read the link I provided, which lays out in detail who MUST be notified?