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  1. #1

    Default Unwed Father Wrongfully Tpr'ed - Possible Tort

    My question involves adoption law for the State of: Kansas

    I contested the private adoption of my daughter, born 09-19-18. I showed ample proof of satisfying the statute as it is written. I had a total of 56 hours of visitation. Adoption lawyer lied an incredible amount, 3 people employed by him/paid by petitioners lied about numerous things. At the trial, the mother committed perjury numerous times, then the judge during his ruling ignored most of my evidence, twisted facts, completely made things up, and terminated my rights for a failure of support. Intentionally misunderstanding the statute. I appealed, and the Court of Appeals did the same. Supreme court granted a petition of review, only to turn around and state the issues were not properly preserved and then affirmed. There was a dissenting opinion, however. I have everything well documented, and while I'm preparing to submit a writ to the U.S. Supreme Court, I'd like to pursue tort action against the lawyer, his employees, and the adoptive couple. It's never been done before, that I have seen in my extensive research, but I should have a strong case. I'm just not sure how I can do it with all of this piled on top of me. Again, I have proof of everything. Any advice/help?

  2. #2
    Join Date
    Oct 2014
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    8,120

    Default Re: Unwed Father Wrongfully Tpr'ed - Possible Tort

    What do you mean by "adoption lawyer"? Who did he represent? Was this an adoption by the husband of the mother or was this an adoption in which both you and the mother's parental relationships to the child were terminated and some other couple adopted the child? What were the nature of the supposed lies the lawyer presented?

    Suing the lawyer is not going to be easy. Unless the lawyer was a lawyer you retained the lawyer had very few duties to you. And the starting point of any tort claim is identifying what duty the defendant had to you that the defendant breached. What is the duty you are claiming the lawyer had to you that he then breached in this matter?

    It's not likely that the judge deliberately misapplied the statute. And the fact that the Court of Appeals affirmed the judge's decision would seem to confirm that. I realize that you feel strongly that you had a good case, but your own bias in the matter may be leading you think that your case is stronger than it really is. In any event, even if the judges got it wrong, it was likely deliberate. They don't have any stake in your family situation and thus no reason to misapply the law against you. You've gone through all the state courts of appeal, so as to all state law issues your case is done. The U.S. Supreme Court will only hear appeals of federal law in your case. So if your appeal is based on the argument that the state courts misapplied the law you have no chance to get the U.S. Supreme Court to hear it. It simply does not have jurisdiction to decide state law matters. Family law matters are mostly governed by state law. Did you have any arguments in your case based on federal law (federal statutes or the U.S. Constitution) that you think the state courts got wrong?

    My recommendation to you is to see a local family law attorney about your appeal and a civil litigation attorney about suing the lawyer. Proceeding pro se (without a lawyer) in an appeal to the Supreme Court or in a lawsuit against a lawyer will be quite a challenge to do successfully.

  3. #3
    Join Date
    Jul 2018
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    Default Re: Unwed Father Wrongfully Tpr'ed - Possible Tort

    Quote Quoting flashram1978
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    Adoption lawyer lied an incredible amount, 3 people employed by him/paid by petitioners lied about numerous things. At the trial, the mother committed perjury numerous times, then the judge during his ruling ignored most of my evidence, twisted facts, completely made things up, and terminated my rights for a failure of support.
    I'm also not sure what you mean by "adoption lawyer." Also, given your description of how your case turned out, I'm going to assume that you and your lawyer failed to effectively refute these lies with your own argument and evidence. Also, just so you know, these sorts of conclusory allegations are completely useless to anyone responding here because we don't have any information about the facts giving rise to the allegations.


    Quote Quoting flashram1978
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    I appealed, and the Court of Appeals did the same. Supreme court granted a petition of review, only to turn around and state the issues were not properly preserved and then affirmed.
    So...basically what you're saying is that three levels of court have messed up your case. You understand that, with no facts to back it up, that's pretty far-fetched, right?


    Quote Quoting flashram1978
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    I'm preparing to submit a writ to the U.S. Supreme Court
    The U.S. Supreme Court accepts less than 1% of cases in which review is sought. You will need to demonstrate that the state court ruling violates some important federal right or is inconsistent with a ruling of another state court or federal court of appeals. Nothing in your post suggests you can do that. Rather, your post suggests, at best, that the trial court made an erroneous evaluation of the evidence. That's not something that the U.S. Supreme Court would even consider reviewing.


    Quote Quoting flashram1978
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    I'd like to pursue tort action against the lawyer, his employees, and the adoptive couple.
    For what?


    Quote Quoting flashram1978
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    I should have a strong case.
    How do you figure?


    Quote Quoting flashram1978
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    I'm just not sure how I can do it with all of this piled on top of me.
    What does "all of this" refer to?


    Quote Quoting flashram1978
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    Any advice/help?
    Given the lack of facts provided, I'm not sure what sort of "advice/help" you think you could get from anonymous strangers on the internet beyond the suggestion that you retain the services of a local attorney AND a specialist with U.S. Supreme Court practice.

    Quote Quoting Taxing Matters
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    In any event, even if the judges got it wrong, it was NOT likely deliberate.
    ftfy

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