How to Regain Parental Rights You Surrendered in Divorce

My question involves a child custody case from the State of: MN, I live in WI

My wife cheated on me and got pregnant. She told several friends that she knew the child wasn't mine. I was in the Army, dirt poor, and we had to file bankruptcy going into the divorce. After the bankruptcy was completed she stalled the divorce against my wishes, so long in fact she had the second child. She put my name on the second child's Birth certificate and supposedly MN state law allowed her to do this because we were still married.

When the divorce finally came to pass, she convinced me that giving up my parental rights would get me out of child support (to help me out in my low income circumstance), to which I agreed to with her word that I would get visitation (I know, once a dumbs always a dumbs.) That was twelve years ago and she still won't let me near my daughter.

I know that because I gave my rights up I don't have much to stand on. My question is that because one of the children is not mine, can I claim the removal of parental rights was fraudulent and possibly gain visitation rights. Or is there anyway I can gain some rights to my daughter?

A few things to note;
-Their are no legal paternity test of either child.
-Her current husband has adopted the children in question.
-I have been allowed little more than a phone call to my daughter in the past twelve years.
-The divorce was filed and we no longer lived in the same state when the second child was born.
-I had no legal representation during any of this other than the bankruptcy lawyer. (Army doesn't provide for family court.)
-Had to pay the state money for the time she and the children lived on state programs and state funded healthcare up until the parental rights were terminated ($30,000 or so).

Okay, let's back up a little.

If her husband adopted the child, you no longer have a child - period. You have no more rights or responsibilities than I would.

Are you absolutely sure that the adoption took place?

I only know what the mother told me, and that the children use his last name.

I'm going to back up even further here.

Was your paternity disestablished as part of the divorce action?

Yes, it was added at the last minute after the second child was born naming me as the father.

I hate to keep asking - but it does occur to me that either I'm not asking the correct questions, or we're missing information.

So - to clarify. There are two children, yes? And you were the legal father of both, and during the divorce paternity of the second was disestablished - correct?

And then you "signed over" rights to the other child so her husband could adopt both children? And the adoption of BOTH children apparently went ahead and took place over 11 years ago?

Is that right so far?

No. The devorce took over a year to complete, during which time my name was put On the birth certificate of the second child (I was not present, or even in the same state). Both children were disestablished in the devorce.

I never signed or saw anything concerning an adoption. I'm not certin on when her second marriage took place.

Please tell us how you disestablished paternity of the first child during the divorce, and...well, maybe, which kid it is you want to see?

And why now?

Parental rights were given as part as an amendom of the final devorce.

The first child is mine, we were together until shortly after her second birthday. I never met the second, I've only seen photos.

I spent several years after the devorce in the service, and had little money to get to MN for visitation that my ex-wife wouldn't even clarify would happen. I've had many discussions attempting to vist. After it became clear that she had no intension of letting me visit, and that she had even been relabeling gifts and trashing cards from me I knew I had to change tactics.

So now I have a good job, a nice house, a wonderful family, and amazingly, a good credit score. I finally have means to presue legal action. I'm here to find out if it's even possible before I throw a ton of cash at a pipe dream.

It sounds like you may have committed fraud by disestablishing paternity of your child (the first child).

It does not sound like you legally have a daughter anymore. After 11 years, I don't think you can undo that.

Take your divorce decree to a local family law attorney; they could review all of your paperwork and perhaps confirm if an adoption did take place. A one-hour consult will not be very expensive.