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Father’s claim about adoption taking place without his permission

| Mar 26, 2014 | Paternity |

One veteran has filed a lawsuit concerning the adoption of his biological daughter which occurred against his wishes.  He sued an adoption agency in one particular state for allowing the adoption to take place.

While he was serving in Iraq, this former girlfriend gave birth to a child.  The girlfriend at first attempted to hide the pregnancy.  She then fled the state in which she lived to another state where she then gave the child up for adoption without telling the father. When the father attempted to amend a paternity action in that state to prevent the adoption from taking place, a judge denied his request.  However an appeals court has since sided with the father and ruled the lower court erred in not granting him the amended paternity petition.  This case will be returned to the lower court for additional consideration.

This matter does not involve Texas laws, but it does demonstrate the complexity of paternity cases.  There are always a number of factors that arise in any family law case.  Still, the rights of unmarried parents do need to be taken into consideration.

While this is likely an uncommon occurrence, the family law process needs to take into consideration the desires of both parents along with the needs of the child.  Barring other concerns, it certainly can be argued that the best interest of the child may include the opportunity to interact with the biological parent.

Experienced attorneys that understand family law proceedings can assist individuals assert their rights when it comes to determinations made concerning a child.  Attorneys can provide clients with legal options and represent them should matters eventually end up in court.

Source: UPI, “Utah adoption suit moves forward,” Feb. 26, 2014