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samantha mandy
10-13-2005, 11:47 AM
we have not seen our little boy for almost 2 tears. He will be three on october 18. we entered into an open adoption on january,24.2004. a contract with the adoptive parents. The department of Social Services had put so much presure on us to adopt him out siting past issues with my older children that were no longer current. hence the two other sons they had removed from my custody years before. There is a law in Mass. that sais if the D.S.S is able to severe your rights of other children they are entitled to take your future children for little to no reason so they took him. My 3rd. when we entered into the open adoption contact in Jan. 2004 the adoptive parents agreed to two yearly visits in may and october and a yearly progress report. Surprise they renigged on the contract siting the parental termination of the other childrten years before. So inevitably we brought them to court for breach of contract equitable relief for specific performance of the contract they origanally agreed to. Court day came and sworn under oath the adoptive mother testified that she had never planned to abide by the open adoption agreement that she had only entered it to expedite the adoption quicker. therefore the Judge ordered her to give us the upcoming October 2005 visit. She has refused to give us our visit and is willfully disobeying a massachusetts court order. I ask the room do we have grounds to seek what we origanally gave up in exchange for contact? Our custody?

xena
10-13-2005, 04:18 PM
we have not seen our little boy for almost 2 tears. He will be three on october 18. we entered into an open adoption on january,24.2004. a contract with the adoptive parents. The department of Social Services had put so much presure on us to adopt him out siting past issues with my older children that were no longer current. hence the two other sons they had removed from my custody years before. There is a law in Mass. that sais if the D.S.S is able to severe your rights of other children they are entitled to take your future children for little to no reason so they took him. My 3rd. when we entered into the open adoption contact in Jan. 2004 the adoptive parents agreed to two yearly visits in may and october and a yearly progress report. Surprise they renigged on the contract siting the parental termination of the other childrten years before. So inevitably we brought them to court for breach of contract equitable relief for specific performance of the contract they origanally agreed to. Court day came and sworn under oath the adoptive mother testified that she had never planned to abide by the open adoption agreement that she had only entered it to expedite the adoption quicker. therefore the Judge ordered her to give us the upcoming October 2005 visit. She has refused to give us our visit and is willfully disobeying a massachusetts court order. I ask the room do we have grounds to seek what we origanally gave up in exchange for contact? Our custody?

On a strictly legal level- If the adoptive mother refuses to follow the court order and does not allow the visit, you can file to have her found in contempt.
As far as I know, once you willingly terminated your parental rights, you cannot go back and have them reinstated.

On a moral level- You need to think of the child's best interests. If it has been 2 years, the child won't even remember you at all. If the mother is going to continue to deny you visits, then for the child's sake you and your BF/husband should really consider just leaving it alone.
Xena

elklaw
10-13-2005, 11:17 PM
Well to be honest, I think it all was a lie. You should get an attorney and ask the court to appoint you one if you are poor since you are being deprived of ytour rights as a parent given you were forced to give up your child under duress and that you made a bargain under duress, and a contract under duress. It sounds like you need to try and break the adoption since it is clear that you were lied to.
Along those lines, you need to also ask that the child not be removed from the county without judicial consent as I suspect the aprents will just pick up and run.

beenthere65
01-09-2006, 09:24 AM
DO you have children? Because letting go three kids under the ages of 5, they all remember me and what it was like. To the couple I feel for you, do what is in the best interest of the child. I just hope for your sake that are not lying to the child like i was when i was adopted and know by birth parents.On a strictly legal level- If the adoptive mother refuses to follow the court order and does not allow the visit, you can file to have her found in contempt.
As far as I know, once you willingly terminated your parental rights, you cannot go back and have them reinstated.

On a moral level- You need to think of the child's best interests. If it has been 2 years, the child won't even remember you at all. If the mother is going to continue to deny you visits, then for the child's sake you and your BF/husband should really consider just leaving it alone.
Xena

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