Can I get visitation rights to my child even if she is already legally adopted?

I want to get visitation of my child, but the mother of my child gave up all her rights to her and allowed her mother and stepfather to adopt her. Is there anything I can do? I went to court the other day and the judge said because I was not legitimized I could not do anything and allowed them to adopt my child what can I do?
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Answered By: Law Office of James Bordonaro
It largely depends on timing and whether you were given the opportunity to grasp your right to fatherhood. It becomes difficult after an adoption is finalized but you may ask the court to appoint you a lawyer. A lot depends on whether you received "notice" of the adoption. I'm well versed in this area of the law and it is fact intensive in terms of how involved you were in the child's life in order to find that your rights should be terminated.

Answer Applies to: Kansas
Replied: 11/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reeves Law Firm, P.C.
I need more information, when did the adoption go through, were you notified or served with notice of the adoption, did the mom know where you were, are you in fact the father or just think you are (was DNA ever performed) etc. There are time lines for appeal, but if you were defaulted, there are new lines for a Bill of Review that are much longer than the time lines for a Motion for New Trial. These are two different vehicles to get you to the courthouse so your side of the story can be heard, including the fact that you are or may be the father and if so proven, you have parental rights that you want to keep and enforce.

Answer Applies to: Texas
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Kem Eyo, LLC
In Georgia, when a party is attempting to adopt a child, notice must be provided to the father. The father then has a set number of days to contest the adoption and/or legitimate the child. If the father does not respond in time, he forever loses his parental rights. If your child's adoption has been finalized, it also means that your parental rights have been permanently terminated. You have lost your opportunity to legitimate your child, and can no longer request any type of visitation. The only hope you have of seeing your child would be if the adopted parents are willing to voluntarily provide you with time. If you feel that the birth mother failed to provide you with appropriate notice of the pending adoption, you should contact an attorney regarding your rights to have the adoption reversed.

Answer Applies to: Georgia
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reza Athari & Associates, PLLC
It sounds like the Family Court terminated your parental rights prior to granting the adoption. I don't know if you were given notice of the adoption proceedings and how long ago your child was adopted. If you were not given notice of the adption, you could file a motion to vacate, but it will be difficult, depending on the basis for the termination of your parental rights.

Answer Applies to: Nevada
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Glenn E. Tanner
I don't think you have any legal options. However, I would research all the benefits adoptive children have from knowing their birth parents. I'm adopted and would love to have known my birth parents. Then research how to make yourself non-threatening to the adoption parents. Then contact them and explain you respect them,don't want to interfer with them, but want to provide another loving adult to your child's life and would they consider incorporating you into her life in small ways to see if the child likes it and they like it. Give them control but hold out the carrot that it is good for the child. Do your research first.

Answer Applies to: Washington
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Seth D. Schraier
As the biological parent of a child, you should first have the court establish you as the legal biological father of the child. To do this, you must file a Petition for Paternity in your local family court.

Answer Applies to: New York
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
You cannot do anything. By failing to legitimize the child, you chose to lose your rights. That is permanent.

Answer Applies to: Georgia
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: John E. Kirchner, Attorney at Law
Probably nothing, but you need to consult an attorney very quickly to see there may be an option to appeal the judge's rulings and to set aside the adoption if it occurred without your knowledge or consent.

Answer Applies to: Colorado
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Vincent J. Bernabei LLC
If the adoption occurred more than one year ago, you have no recourse. If it hasn't been a year, you may be able to set aside the adoption judgment but it will still be extremely difficult.

Answer Applies to: Oregon
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office Of Jody A. Miller
You should have at least been served with the adoption petition and given a chance to legitimate the child and object to the adoption; the judge still could have terminated your parental rights and granted the adoption, but you should have had a chance to object. If you were not served with the petition, consultant attorney about whether there is anything you can do to set aside the adoption. If you were served with the petition and did not respond properly, then there is nothing you can do.

Answer Applies to: Georgia
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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