parental rightsMy son was takin from me outta a guilt trip to the full custody of my aunt it was suppose to be an open adoption but i have not seen him since he was 1 years old im not an abusive...

parental rights

My son was takin from me outta a guilt trip to the full custody of my aunt it was suppose to be an open adoption but i have not seen him since he was 1 years old im not an abusive mother i have no criminal background i do not drink nor do drugs what can i do to get him back?

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litteacher8's profile pic

litteacher8 | High School Teacher | (Level 3) Distinguished Educator

Posted on

Yes, you need to hire a lawyer. I think I understand how they "guilt tripped" you into giving him up. They probably told you that you were too young, and he'd be better off with your aunt. Did you give up your parental rights under duress? A lawyer might be able to prove it.
lorrainecaplan's profile pic

Lorraine Caplan | College Teacher | (Level 1) Educator Emeritus

Posted on

There is a great difference between "full custody" and an adoption, and it is not clear which has happened in your situation.  It is probably impossible to reverse an adoption, but a custody order can certainly be changed.  It also is not clear what has happened with the father of your child, who would have had to have agreed to an adoption.  Reopening a custody order would mean that he, too, would have an opportunity to seek custody of the child. 

You must seek legal advice in the state in which the adoption occurred or in which the custody order was entered because all law concerning these matters is state law.  Sometimes there are free legal services available, and you need to call your local bar association to see if there are such services available or if the bar association offers a discounted rate for at least a brief consultation. 

This is a difficult situation, and I certainly wish you the best of luck! 

 

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