I need to know if I can get my kids if they were given up for adoption without my knowledge?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

I need to know if I can get my kids if they were given up for adoption without my knowledge?

Recently I found out that I am the father of twins. After looking into the situation and proved that the kids are real, I decided I indeed do want to be a part of their lives. After talking with the birth mom, I found out she gave the kids up for adoption to her parents. This was done without my knowledge at all. I need to know if it is at all possible to get custody of my kids?

Asked on December 25, 2011 under Family Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I applaud you for stepping up to the plate to obtain custody of your birth children. I would caution you that this will not be an easy road, especially if you are in a district that has a high case load or makes the dads go through hoops. You need a lawyer immediately to begin the process of getting custody. The first step is to get tested for paternity. It sounds like a no-brainer but you and the court need the written evidence (DNA test results) that you are the father in order to vigorously pursue custody. Your attorney will then begin the process of delving into the reason the birth mother gace her children up to her parents and will most likely use that against her and the parents. In most courts nowadays, the focus is to make sure the children's health and welfare come first. The age of the parents and their income and stability or lack thereof will come into play versus your desires to get custody of your children. Most courts prefer that if at all possible the biological parent should have custody (as long as there is no sign or history of abuse, crime or druig or alcohol abuse). Make sure your work life is in order and make sure your health plan will allow you to add your children as dependants. Essentially work with your lawyer to show the court you are ready, willing and able to love and care for your children now that you know they exist. Good luck to you and hopefully you will have them in your arms soon!


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption