My Parental Rights were Terminated While I was in Jail for a Crime I didn’t Commit, Now Exonerated, What can I do to Regain my Rights?
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Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated? My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true? |
“Do I have rights to regain my paternity and custody rights if my parental rights were wrongly terminated?
Well,let me make this long story short. I was happy married and my ex-wife and I had many great experiences together. My son was born 1997. All were OK until 2001. I was convicted of the gang robbery and I spent six years in jail/from 2001 to May 2007/. I was innocent. It was proven that I was misidentified as one of five men involved in the gang robbery and I was exonerated, my conviction was overturned and vacated. My ex-wife got divorce and she married to her current husband in March 2002. At the same time my parental rights were terminated and I had never been noticed about it. In 2003 my son was adopted by his step- father, his birth certificate was changed and also his last name was changed. I have been trying to see and to talk to my son since I was released from the jail. Unfortunately for me all my efforts to make a contact with my son are refused… I was said I have no rights to see him because all my rights and obligations were terminated on the grounds of my sentence. But I am not guilty, I am innocent and I have my sentence vacated. Also I received PARDON. I was arrested by the Police because I ‘violated’ their private life. My ex-wife said she was very sorry but she wanted me out of the picture. Now she is happy to live with her husband, son and his siblings/two children were born during their marriage/, the boy has a bond with her husband and… in this way I am not wanted because it is not in his interest to have relationships with me. I only want to be a part…no-I want to be a very important part of my son’s life. I know I need an attorney. I was told I do not have fair chance for success, the odds are not in my favor and if I file a motion I will lose. Is it true?”
This is a very sad story, and even sadder because generally what you have been told is, usually, accurate.
However, I have to believe that given the circumstances - your situation is unique in that not only were you exonerated, but you were pardoned - that the right attorney could help you to regain at least some rights to access your son. Your son deserves to know that his real father is *not* a criminal - that is, after all, fully half of who *he* is.
I would start by contacting fathers’ rights specialist Jeffrey Leving, at DadsRights.com
I would also try contacting Accused.com ; even though your case is not one of false abuse allegations, they are experienced in handling particularly tough cases, and cases where parental rights may have been wrongly terminated.
Good luck.
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For more on this subject check out these categories: Family Law, Divorce, Criminal Law, Termination of Rights
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
