Can a biological father file for custody after adoption since he was not informed of the adoption? 4 Answers as of April 29, 2014

I have a question about the rights of a biological father. The father was in prison and he was not informed of the birth of his child. The mother died two months after the child's birth. The mother left a will stating that in the case of her death the child was to go to the bio father if he was not found then her brother gained custody, but after her death since neither the father or brother could be found, the grandmother got the custody and put the child for adoption. Now is there any chance that the biological father can gain the custody of the child.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes I would have to see all the evidence but there may be a problem with the adoption.
Answer Applies to: Georgia
Replied: 4/29/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
I kind of doubt it. You might be able to make a claim because you weren't notified and you were easy to find. However, if you did get notice and either didn't object or did object and your objection did not win, then no, you won't be able to get your rights back.
Answer Applies to: Idaho
Replied: 4/28/2014
John Russo | John Russo
Yes, but lets get realist here, he is not doing it without a very good family law attorney, and I mean good! And I would also say to be even more realist, this matter will minimally cost in the ten's of thousands and most likely be in the six (6) figure rage when all is said and done. Don't think so then good luck. Matter of fact there was just a case that was all over the national news recently , can't remember the name off the top of my head but a father had circumstances very similar to your's it has been very costly, and time consuming. The father has just been awarded joint custody of the child along with the adoptive parents, I believe he was now going to continue and try to seek placement of the child.
Answer Applies to: Rhode Island
Replied: 4/28/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
No. Although you don't say how old the child is, it is unlikely a court would undo an adoption under the circumstances. You weren't married to the mother, so she had no obligation to tell you about the child and you obviously did not let her know where you were. A change would hardly be in the best interest of the child.
Answer Applies to: Washington
Replied: 4/28/2014
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