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[Solved] Help has my exs husband adopted my son

 
(@Reggie86)
New Member Registered

Hello i have son with my ex i have never seen him as we split before he was born. I have no contact with either of them but the other day i got a letter from cms saying she doesnt want to claim money through the cms anymore.

Now although we aint been together there is no reason she wouldnt want my money she has just got married though could her husband adopt my son without my knowledge im not on the birth certificate please help

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Topic starter Posted : 11/03/2019 1:21 am
Mojo
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

I’m sorry to have to tell you that if you’re not named on your child’s birth certificate, you don’t have parental responsibility and it would therefore be entirely possible for your son to be adopted without you being notified, if the mother didn’t disclose any information about you.

However, if you’ve been paying child support, it would have been reasonable to assume that the authorities would have wanted to speak to you to find out your feelings about the matter.

Even if the child’s absent parent does not have parental responsibility and their consent is not technically required, the court will investigate the circumstances carefully and may seek his/her opinion and feelings about the process since an order will permanently extinguish their status.

How would you feel about it? Would you be able to speak to the mother about your concerns regarding this?

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Posted : 11/03/2019 1:47 am
(@Reggie86)
New Member Registered

Thank you for your reply i cant speak to her as have no way of getting in touch with her and do not have her address. If he has been adopted how would i be able to find out of is that something i wouldnt be allowed to know as i dont have parent responsibilty thanks again

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Topic starter Posted : 11/03/2019 9:17 am
Mojo
 Mojo
(@Mojo)
Illustrious Member Registered

I don't have much knowledge about this area of family law, if you know the area that she lives, you could try contacting the Social Services for that area and talk to them about it.

Citizens Advice Bureau could offer you advice, or if you can afford it, a solicitor would be able to advise you of your rights in this matter.

If you want to be a part of your child's life, you could make an application for a Seek and Find Order, this would put the court process in motion to find out their location, you would supply information that would help the court trace them, for example the Child Maintenance Service would have contact details, as would the child benefit Office, or if you knew where any of her family members lived.

If there has been an adoption and she has lied to the court and not told them she has been receiving child support from you, it might be that they would look at it again, although that may entail you making an application to appeal the decision.

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Posted : 11/03/2019 2:26 pm
Mojo
 Mojo
(@Mojo)
Illustrious Member Registered

Here's an article about this, that you may find interesting...

https://blogs.lexisnexis.co.uk/content/family-law/step-parent-adoption-order-set-aside-where-court-misled

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Posted : 11/03/2019 2:30 pm
Reggie86 and Reggie86 reacted
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