“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.