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  1. #1
    Join Date
    May 2007
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    3

    Default Blackmailed Into Signing Adoption Papers

    Ok My ex-wife and I were married in texas april of 96 and divorced august of 99. During this time we had 2 children born march 97 & november of 98. We divorced with joint custody of the children. After the divorce my ex returned to her home state of Tennessee and I remained in my home state of Texas. With the distance between us so great I was unable to use my visitation. Trusting my ex to know what is best for the children I agreed to refrain from contact with them til they were older instead of being the occasional stranger who pops in from time to time.

    Upon her return to Tennessee she moved in with a man and they maintained a live-in relationship til they were married in feb of 04. Then in feb of 05 I get papers for the adoption of my kids by the new stepdad. I called my ex and told her I did not consent to this and would not sign the papers. She told me I had fallen behind on my child support and if I didn't sign she would push to have me thrown in jail. Now at this time I was in bad fincial shape and could not afford to pay and could not afford to be thrown in jail and lose the job I had just got. So though I hated it I signed. Now fast forward to 06 and she and the new adopted dad are getting divorced and he has stripped custody of the kids from her. I get a call from her informing me of the situation and she breaks down and tells me she has been physically abused through the relationship and she was forced to threaten me to get me to sign the papers. She goes on to tell me that once he had custody of the kids his intrest in her dropped to nothing and he was soon kicking her out and keeping the kids.

    Now I never wanted to give up my kids, much less watch them go to an abusive stranger who blackmailed them from me. I have since reconciled with my ex and we are getting back together after her divorce is final. Is there any legal way for me to fight his adoption and get my kids back?

  2. #2
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    Sep 2005
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    Default Re: Blackmailed Into Signing Adoption Papers

    You haven't stated any basis for the papers you signed to be set aside. Threats against her that you didn't even know about do not affect the validity of what you signed.

    She presumably still has the ability to seek a modification of the custody order. You give us no insight into how or why she lost custody. She should consult a good family lawyer about her custody situation.

  3. #3
    Join Date
    Jul 2006
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    Florida
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    2,772

    Default Re: Blackmailed Into Signing Adoption Papers

    Quote Quoting tmckenzie
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    Ok My ex-wife and I were married in texas april of 96 and divorced august of 99. During this time we had 2 children born march 97 & november of 98. We divorced with joint custody of the children. After the divorce my ex returned to her home state of Tennessee and I remained in my home state of Texas. With the distance between us so great I was unable to use my visitation. Trusting my ex to know what is best for the children I agreed to refrain from contact with them til they were older instead of being the occasional stranger who pops in from time to time.

    Upon her return to Tennessee she moved in with a man and they maintained a live-in relationship til they were married in feb of 04. Then in feb of 05 I get papers for the adoption of my kids by the new stepdad. I called my ex and told her I did not consent to this and would not sign the papers. She told me I had fallen behind on my child support and if I didn't sign she would push to have me thrown in jail. Now at this time I was in bad fincial shape and could not afford to pay and could not afford to be thrown in jail and lose the job I had just got. So though I hated it I signed. Now fast forward to 06 and she and the new adopted dad are getting divorced and he has stripped custody of the kids from her. I get a call from her informing me of the situation and she breaks down and tells me she has been physically abused through the relationship and she was forced to threaten me to get me to sign the papers. She goes on to tell me that once he had custody of the kids his intrest in her dropped to nothing and he was soon kicking her out and keeping the kids.

    Now I never wanted to give up my kids, much less watch them go to an abusive stranger who blackmailed them from me. I have since reconciled with my ex and we are getting back together after her divorce is final. Is there any legal way for me to fight his adoption and get my kids back?
    No, there is no legal way to fight the adoption. You willingly signed, nothing you've stated shows that any truly illegal blackmail or fraud was involved, and the adoption was finalized.

    It really sounds like your ex lost custody and now wants to use you as an avenue through which to attempt to regain custody, it will NOT work from a legal standpoint.

    I usually try to stick to only the legal aspects of a situation, but this time I'm going to add a little extra "non legal" advice. Before remarrying your ex, please get some premarital counseling to make sure that she isn't just using you as a means to get her kids back.

  4. #4
    Join Date
    May 2007
    Posts
    3

    Default Re: Blackmailed Into Signing Adoption Papers

    Quote Quoting Mr. Knowitall
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    You haven't stated any basis for the papers you signed to be set aside. Threats against her that you didn't even know about do not affect the validity of what you signed.

    She presumably still has the ability to seek a modification of the custody order. You give us no insight into how or why she lost custody. She should consult a good family lawyer about her custody situation.
    Thanks for your reply. Let me clarify a little more. I didn't sign the papers due to the threats to her as I had no knowledge of that at the time. I signed them due to the threats to me from her to push on the back child support to get me thrown in jail. It was after her seperation that I learned the reason for why she threatened me with that, but really her motivation at the time doesn't matter other than between me and her. My choice was sign or chance going to jail. So being my signature was made under duress would the consent stand up if I contested it now?

    As for her "lost" custody at the moment I should of pointed out that he just has the temp custody while the divorce is being settled and her stuck with the visitation, etc. That part is mainly boiling down to the are in a small town and his family are important people in it's social structure so the law seems to be working more in his favor than it should.

  5. #5
    Join Date
    Jul 2006
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    5,438

    Default Re: Blackmailed Into Signing Adoption Papers

    I signed them due to the threats to me from her to push on the back child support to get me thrown in jail....So being my signature was made under duress would the consent stand up if I contested it now?

    "Threats" of doing something legal is not blackmail.

  6. #6
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    Sep 2005
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    Default Re: Blackmailed Into Signing Adoption Papers

    The problem could have been resolved in another manner, such as by paying your child support.

    Also, you've waited a very long time to try to make a claim of coercion. There is a strong interest on the part of the state in providing children with stability, and that would be upset if people could come to court years after an adoption with claims that they felt pressured or coerced.

  7. #7
    Join Date
    May 2007
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    3

    Default Re: Blackmailed Into Signing Adoption Papers

    Quote Quoting Mr. Knowitall
    View Post
    The problem could have been resolved in another manner, such as by paying your child support.

    Also, you've waited a very long time to try to make a claim of coercion. There is a strong interest on the part of the state in providing children with stability, and that would be upset if people could come to court years after an adoption with claims that they felt pressured or coerced.
    True it could have, but here in Texas the child support is taken directly from your check so I didn't fall behind by simply not paying by choice, it built up while I was unemployed. There was no way for me to pay it at the time she aproached me. I felt I had no choice but to do as she asked.

    The reason for my waiting so long is I had convinced myself that even though I didn''t want to do it that maybe it was what was best for the kids. I was assuming they were enjoying a stable 2 parent household. Then I come to find out the man is abusive and a drug user.

    I have talked to my kids and even gone to Tennesse to see them and they have expressed to me that they hate this man and fear him but does as he says for fear he will hurt their mother if they don't act and say what he wishes. That is a bad situation for a 8 and 10 year old to be in. I want to do whatever I can to protect them and right a wrong that never should of happened.

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