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  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default Can the Court Force Me to Sign My Rights Away

    My question involves adoption law for the State of: Alabama

    I lost custody of my now six year old son about two years ago in North Carolina because his father and step-mother falsely filed an emergency court order stating that I was a danger to my son. (I know it was false because there was absolutley nothing in my life that they could have said to the judge to get him to sign the order. Basically they lied) Anyway, in that state, when that kind of order is made, there are no questions asked and they automatically come and take the child away, giving that parent a certain amount of time to get a lawyer to fight it in court. When this happened to me, I was too broke to afford yet another lawyer. So there was never a hearing since I couldn't get the lawyer. However, since I couldn't get a lawyer and go to court, they took all my custodial rights and I am not allowed to even go to my son's school or call him or attempt to see him at all.

    When his father got this new order, he moved out of state and changed his phone number. I then spent the next two years scouring the internet for any sign of where they all might be. I have recently discovered the in Alabama. I got their number and called them. His father said my son wanted to have nothing to do with me and never wanted to see me again, that he was happy with his life there and didn't want me to be a part of it. Then I got paperwork in the mail from their lawyer stating that they were going to take me to court so my son's step mother could adopt him. I in no way want to sign my parental rights away, heck, I have been in searching for my baby for the last two years! My question is: How likely is it that the court will force me to relinquish my parental rights? I currently live a good productive life, I work and go to school and take care of my new son. I do not engage in any activities that are illegal or immoral, or would be looked down on by any court or judge. Please help, I am terrified that I am losing my son and I have no control over any of it!

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Can the Court Force Me to Sign My Rights Away

    So what were the allegations?

    And please...You are not being forthcoming about what happened. It isn't possible that it occurred as you stated. Please...If you want to get help you need to be very honest.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Can the Court Force Me to Sign My Rights Away

    Sorry, I'm not trying to keep anything hiddden. The circumstances around everything that happened were very confusing to me. What happened was at the time his father got the emergency order, he was angry at me for going against his wishes by taking our son out of state to visit his my folks. However, in the custody agreement that was standing at the time, we both had equal joint custody and there was NOTHING stated in it that said we were not allowed to take our son out of state. His father had been taking him out of state for years to visit his own folks. His father (also my ex husband) was a very controlling man and he didn't want me to be able to think I could do what I wanted (within the limits of our custody agreement).

    So when I got back from my trip visiting my folks, his wife met me at the airport to pick up my son (I never showed them any reason to believe I was not coming back, so they could not have used that as a reason), she also met me with emergency court order papers stating that due to dangerous nature of my presence in my son's life (no specific reasons were stated) that all my custodial rights had been taken away until I can get a lawyer, get a court date, and fight it. I was not to have any contact with my son until this "emergency" matter was settled in court. I consulted with many lawyers who explained that I would lose if I went to court without a lawyer, but I did not have the money to retain a lawyer. I begged my ex husband for more time, but when a year passed without my ability to get a lawyer I got new paperwork in the mail stating that the emergency order had become permanent, and that if I tried to see or contact my son, the police would be called and I would go to jail. To this day, I have no idea what was said by my ex husband and his wife to the judge to get this emergency order. I was not involved in any illegal activities, or in a dangerous relationship with a man. However, I was, at the time, a stripper (which was a HORRIBLE choice of profession) which I no longer do. Looking back now, I can see how that could seem worrysome to my child's father, but again, there were no drugs or hooking, or anything illegal. (ick if I could take it all back and have gone to school instead of stripping I would do it in a heartbeat.)

    Anyway, I have been on the right track for the last two and a half years, I'm in school and recieving my GI Bill, also I am working at Chilli's until I finish school to be a surgical tech. My life is completely productive and positive.

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