Tuesday, July 19, 2011

No.

I talked to Lizzy's lawyer and a "free" lawyer service in the state I live in. The "free" lawyer services do not cover what bio dad would need...but apparently that doesn't matter anyway because Lizzy's lawyer said that there is no way that bio dad will ever get Lizzy. The judge made it very clear that he has no rights, no DNA test will be done...he is NOT the legal father and won't ever be.

He also said he will not be letting some random relative come in now, a year later, and take Lizzy. He said it is too little too late for that.

9 comments:

StarfishMom said...

I beg to differ. From experience...they will look for a relative BEFORE placing Lizzy with a total stranger (for adoption). Since you are not adopting her and bio dad can't get her...they will most likely place her with this 'stranger' coming out of the woodwork instead of a stranger who is looking to adopt. :/

Me and Jesus said...

ummm... how about bio dad just doing a DNA on his own? Its not that expensive or complicated. If he has a DNA test proving he is bio dad then they HAVE to offer him services, or atleast in my state they do.

Anonymous said...

I would agree with Me and Jesus....have his own DNA/paternity test done.
Are judges elected, or appointed in your state? Depending on how they are placed on the bench, you may (if you want to take it this far) try the "I'm going to a news station's investigating reporter with my story" tactic...for the bio dad to try. Assuming the paternity test goes the way you think it will.

Kylee said...

This is a very complicated case you're involved in! I'm getting more confused by the day.
I don't have much to say. But just wanted to let you know I am praying for sweet Lizzy and trusting the Lord will place her where she needs to be. Praying for you, too, as you fight on her behalf.

Mrs. Bird said...

I'm confused...why would dad not have any rights to his biological child? Have they been terminated?

Carol said...

I live in the same state as Mamafoster and I am NOT an attorney or the sister of an attorney. I do know some attorneys, but this information did not come from any current discussion with any of them. This came from the internet and that info matches what I have heard around our state's system and have heard my whole life.

This is a quote and there are multiple sites that verify this: "Under XX law, a biological father may never have access to his child if the child was conceived and/or born during a marriage."

Here is just a bit of a case history in a like case. The bio dad wrote from his perspective. Mother was legally married to a man not the bio father of this child. In XX state the legal husband is the legal father and this cannot be contested. Bio dad is now married to mother but legal dad continues to have joint custody with mother. This man has hired attorneys and had a DNA done. This is a direct quote from him, "We obtain a DNA test that verifies I am our son's father, but I am told it makes no difference to the courts."

I do know of at least one case where the legal dad signed off from his rights and allowed bio dad to go through a full adoption process.

As for the relative that has come forward in this case, the courts finding that said relative cannot have Lizzy is consistent with the current policy in our state. When that relative has waited this long to come forward asking for a child that has been in care, the courts stand has been that that relative doesn't really care about this child or they would have come forward during the time the child was in care and would not have waited all of this time.

In many cases that a relative comes forward at the last minute it proves to be a case where the bio parent(s) have asked a relative that they thought would pass a homestudy to adopt the child and the bio parent(s) that has been deemed unfit by the courts will really after the relative adoption be the one to raise that child.

The truth is, in this state, once parental writes of both legal parents are terminated the only people with any rights to Lizzy are Mamafoster and her husband. If a child has been in a foster home for more than 12 mo., the foster parents' rights are above everyone else except a non-terminated parent's rights.

MamaFoster said...

thank you carol, for the state we are in, you explained what we have going on perfectly.

and starfishmom, i do agree IF we don't adopt Lizzy they probably will look to the relative...but i doubt it would work out.

Endless Love ~ Amazing Grace said...

I'm praying for Lizzy and all involved

Kelli said...

Wow. what a sad state, the a bio dad actually WANTS to step up and do what is right and the state shot him down! When there are so many people trying to get "dad" to pay child support and doing dna tests to prove it. Now this poor guy can't do what he would be FORCED to do if he wasn't cooperating......