Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada

Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and misrepresentation, and prevent the permanent relocation to North Carolina?

and secure his immediate return to Nevada to restore his familial ties and emotional stability?

2 Lawyer Answers

A: Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason you could not attend, and the hearing was very recent, then you should immediately file a motion to reconsider. You usually only have a week or so to do this, but different counties have different rules.

You have 30 days to file notice of an appeal. If the proper procedure was not followed, then you may get the court to reverse the decision and allow you a second chance.

You generally have six months to file a motion to set aside the order. There are a variety of grounds to do so, one of which is fraud. You would have to prove the fraud, and that the fraud was important to the decision. Lack of proper notice is also a basis of setting aside the order, as it deprives the court of jurisdiction until you receive that notice.

If it has been more than six months, it is still possible to set aside an order on some grounds (such as lack of notice in some cases), but it becomes much more difficult.

Of course, you are more likely to succeed if you hire an attorney. Going to court and saying the same things you have already said is likely to lead to the same result.

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Answered

A: Legal issues surround challenging the legitimacy of your son's adoption particularly in light of allegations of fraud, deception, lack of appropriate notice, and violations of due process rights. To properly negotiate this process, one need speak with a Nevada family law attorney versed in Here is a list of possible actions to give thought:

See a family law attorney licensed in Nevada to evaluate the particulars of your case and help you negotiate the legal processes.

Under Nevada Revised Statutes ( NRS) Chapter 127, you may ask the court to revoke the adoption decree should you be able to show that your permission was gained under duress or deception. NRS 127.1861, for example, lets a parent file such a petition within two years of the adoption decree should clear, persuasive evidence show fraud or coercion.

NEVADA Legislative Language

Offer proof of procedural irregularities. Get records and proof proving you were the main caregiver and that the adoption went forward without appropriate notification or due process. Due process is violated, according the U.S. Supreme Court, when one fails to notify the biological parent of upcoming adoption proceedings.

WIKIPEDIA

Your attorney can assist you apply for a Temporary Restrain Order (TRO), therefore preserving your son's present residency until the court decides against his moving to North Carolina throughout the legal procedures.

Show up for all court hearings, when you will be presenting your evidence and arguments. Based on the facts given, the court will decide whether the adoption decree need to be overturned.

Nevada courts give the child's best interests in adoption cases top priority. A key point of your case will be proving that your son's return to Nevada would mend family relationships and help him to maintain mental stability.

Professional legal help is absolutely necessary to negotiate this process and properly plead for your parental rights given the complexity involved.

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