What do all of you think the odds are?

Camira B

Honestly, it's a toss-up. I have almost no doubt that the jury will sympathize with your position and know you were wronged, but I'm sure they will also be worried about disrupting the child's life and causing trauma. Most don't understand that adoption causes trauma as well. They will probably look at that fact that the child is being taken care of and won't want to mess with it. The fact that you have had visitation for a year greatly increases your chances. I think if your attorney focuses on that and how much you've bonded with the child and vice versa, you may have a good chance of winning. Is the atty going to bring in a "best interest" expert? If you can have an expert and maybe also an adoptee testify about adoption related trauma and why biological ties are so important, it would do wonders to boost your case. Hope this helps.

Gershom

Well I hope you get your daughter back. I've seen everything under the sun happen in courts that isn't justified, so I can't say if your chances are good or not.

Insain. Good luck, your poor daughter.

Mom to Foster Children

You need and hopefully will get sole custody! You're in my thoughts - as I don't see why this wouldn't be granted.

blueeyemama

First I give you props for wanting to be a dad... second you sound like you have a great chance of getting sole custody. If a parent wants to raise their child the court will rather have that than resort to adoption. Good luck !!!

model*mommy

This is a horrible situation that your in. If what you say is true, and you have the means to support you and the child your rights will not be terminated....and seeing that the couple has no relation to the child you should be awarded full custody.

i wish you the best of luck!!!!!!

PS.your baby's mom is a real witch (and you know thats not the word i wanted to use) for doing this to you.

Nathan

If I understand correctly, you've been attempting to have custody of your daughter from the start. If so, that couple should have buzzed off and went to find some other kid. That little girl is your responsibility, and it sounds like you're up to the challenge.

It sounds like you should have a good chance of getting full custody, but is there anything they could hold against you that might not have been fully explained in your question? How soon did you file with the paternity register? Was it immediately after your daughter's birth that you started fighting for custody?

Crucio

Itâ€™s very hard to say it will be completely up to the jurors. Hopefully they would look and decided based on what they feel is the best for the child. It could really go either way they might feel pity for you but not feel that they should rip a 2 year old away from those who have been her primary parents for 2 years. Then again they might feel that at this age transferring her to your custody would not be harmfully to her.

A similar situation happened to poster Samâ€™s son. He still doesnâ€™t have custody of his son and is only allowed 1 visit or 1 weekend a month and apparently a full month during the summer. So even with all the information of his ex hiding the pregnancy form him, and him not knowing until she was near close to delivery and telling them that he wanted his child. Doing really everything he should have done. The judge/jurors still favored that the child should remain in the primary custody of his "adoptive" parents.

Kazi

OMG, what a horrible situation, especially for your daughter.

Going by just what you've said here, I would think it would be an easy decision to make that your daughter belongs with you, however, nothing ever appears to be that simple.

10 people could see that you were wronged and had always wanted to be a parent and have bent over backwards to retain full custody... and decide in your favour. OR, they could still see all of those things, but feel that as 2 years have passed, she has bonded with her adoptive parents and it would be too traumatizing to remove her.

My immediate reaction is that the jury may decide on the joint custody as they might see that as in your child's best interests: a relationship with all the parents in her life.

Juries can be a crapshoot, I'm afraid.

It's just too bad it had to get to this point.

Good luck!!

ezmee1859

Did you sign away you parental rights? If not you have a very good chance of getting custody. Courts want children with their biological parents, and I wouldn't give up the fight, if I were you. She is your daughter, go get her and bring her home. Good luck to you both.

littleJaina

I'll give you the information I recently learned in my law class. Jurors, in civil cases, are not used to determine legal questions, only factual ones. What the jurors will be deciding on is whether or not to believe the facts. They will likely be asked questions like this:

1) Did the plaintiff abandon his baby under the law as stated in (whatever the code for the law they're claiming is here)

2) Did the plaintiff identify himself as the father as stated in code...

3) Did the agency know that the plaintiff was the father

4) Did the agency fraudulently place the child

5) Did the defedents know of the plaintiff's claim of paternity

etc. Depending on how the jurors answer (the questions are almost always phrased in a yes/no way) the judge will decide what the law requires him to do. The only gray area that you may hit is whether or not it is in the child's best interest to be removed from the home after so long. I don't know what state you are in. It is possible the jurry will be asked: "Is it in the child's best interests to be raised by the plaintiff%

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