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Can a biological Mother get her child back after adoption, if coercion was a factor, and can be proved

Fort Myers, FL |

Mother lost her kids,to cps mom was on drugs and was unable to complete her case plan, cps told her she had to sign over her kids or the judge would take her rights away and she would never be able to have kids again,mother was an addict and on drugs at the time of signing 3 of her kids over cps told her with child number 4 if she didn't sign she could loose the baby, with child number 4 mom went in a treatment program and got off drugs and started with a methadone program, she was under Doctors care at the time she signed child number 4 over,mother was in a state of emotional trauma from a tragedy of loosing a 3 month old to genetic disorder, Mom wants to fight to get her children back she did not want to sign them over, we are fighting as a family the media will be given story.

Attorney Answers 4

Posted

It is not possible to respond to this question on the level stated: "Can a mother . . . .?" The law and procedure surrounding termination of parental rights is well-developed in every state. The procedures which must be followed by the state agency are rigorous. The overriding purpose is to bring stability and permanency to the life a child. Courts require a showing of knowledge, understanding and voluntariness in the agreement by the parent. Where a parent is "unable to complete her case plan" the agency's petition to terminate rights is almost always successful. Setting aside the termination, or even appealing it in a timely manner, is extremely difficult. Whether it can be done in a particular case is something that requires careful review by a local experienced family law practitioner.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

It is theoretically possible but the situation you describe doesn't really meet the criteria for coercion. The mother was not threatened with bodily injury or death or anything of the like in order to agree to what DCF was asking. It sounds like DCF simply told her that because of the mother's drug abuse and the health of the children what a judge was likely to do. Also, it isn't clear from your post that the children were actually adopted. Who adopted the children? Just because DCF has taken custody of the children and she lost rights to them doesn't mean they were adopted.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Asker

Posted

Dcf told her the courts would find her unfit and if she ever had another child they would take it at birth, Mom was in a methadone program, and that is what happenend they took another child mom was not in her right mind and was in mental health due to grief of a loss of a child to a genetic disorder, she is sober today and in programs, the children were adopted out this past summer and names changed, she is fighting to get her kids back, she was mentally incompetent to sign those papers and that can be proved due to drug tests, also the family was discriminated against to get custody of the kids the kids are in the same home, the courts would not allow anyone in the family to get custody.the family had clean records, the kids were adopted by a foster family the kids were told no one in your family wanted you it was a lie we were in court fighting for them, we ran out of money for attorneys, we are now fighting to get these kids back due to mom and dad were under the influence when the papers were signed both mom and dad are fully recovered and are filing petitions we as a family will not give up this fight it was all wrong what has been done to us

Asker

Posted

I think cohered is not a good word maybe duress is better, this parent was under great duress and was actively involved in mental health at the time

Eric J Trabin

Eric J Trabin

Posted

Duress generally refers to threats of bodily harm or injury. Unfortunately, just because a person was on drugs, by itself, does not prove that she was incompetent to sign any papers. After all, there are plenty of criminal defendants that are on drugs who waive their right to an attorney or to remain silent. The issue is whether the drugs interfered with her ability to understand and voluntarily waive those rights, which a drug test alone will not resolve. She can definitely try to fight this, but again it is unlikely that she would prevail.

Posted

I agree with my colleagues. In the situation that you describe, it is highly unlikely that the mother would prevail in the return of the children. The laws are designed to protect the permanency of the adoption. Further, you do not state when this occurred. You would need to consult with an attorney in order to discuss the specifics of your case as well as the timeline for all of the events. Best of luck to you and great job on going through treatment successfully.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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Asker

Posted

this was in fla, mom has a mental health Doctor helping her to gain her custody back, she has won many back for parents who lost through drug abuse

Posted

I have to agree with the attorneys that have posted that I think that it would be highly unlikely that this would be "reversed." These procedures are very deliberate to promote stability and certainty in people's lives. Good luck and congrats on the new beginnings!

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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