Court appointed Attorney for Appeal?

Back in the day there was a women named Kallen on the forum site. She did like 3 step parent adoptions and one was appealed. If I remember correctly the one appealed was appointed a free attorney for the bf because he was incarcerated. I do not know about whether it would be free or not, however the outcome does weigh heavily on the report. They overturned logs and found out why you would say abandonement. It is hard for the bf to dispute the fact that he had good reason to abandone his child. THey say everything under the sun. However the laws state that they should have the right to legal counsel and the right to appeal. See the appeal is not saying that you were wrong , but that the judge was wrong. The bf has to prove that he did not abandone his child and that the investigator, judge and of course you are lieing. What proof does he have that he did not abandone his child.

I just read your other thread. Ok there is another law because of him being a criminal. Yes he does still have to pay back child support even after the adoption. IN fact the weirdest thing just happened to us in that form . See BF owed the state like 10 thousand dollars in arrears to child suppport. Well all of a sudden he chose to pay it. He paid it in full. SO my cut was 3 thousand dollars. I just recieved that check for that and my husband and I said whoohoo and have been on a spending binge for the last week.

Not that it makes any difference but we are not terminating his right for abandonment. We are terminating because of his felony and proving him an unfit parent for it, code 7825. Like I said the investigator found there to be good reason to terminate. We have the police reports to prove it and so did the investigator. I just wish I new what to do from here. I don't know if he has a case for appeal but our attorney says it is going to cost us a lot for an appellate attorney. He does not want to do it. I think it is time to find a new attorney. Keep fighting or open adoption? Argh!

I would just keep fighting. Look into the whole appeallate process.He goes to a higher judge to tell him that his judge made a major mistake and that he did not know what he was talking about when he granted the adoption. DId you read Kallens threads , that would be great encouragement to you. Yes I was told that it cost a lot to appeal however you can do it without an attorney. KAllen did , just educate yourself. You can do it. After all he would need some compelling evidence to have the judge overturn the adoption such as I am not a child preditor and her is proof. What proof would he have for that? See what I mean. I tried filing my adoption with that law but his felonies were not to that extent. DId the investigator have something to do with what law you filed under? I would just keep fighting dont give up. research more and more. I do know you have to be going crazy though. IF he is not incarcerated I am pretty sure he can not get the appeallate attorney for free, See in my county they grant the adoption right aftere the termination because it does cost so much for the bio parent to appeal. I hope this all helps. Just keep up hope.

Just so you know, during the appealant process your not given a free attorney. The appeal is not to retry a case. To appeal is to say that the case laws that were used were wrong or that the laws in general that applied were wrong. They can appeal till they are blue in the face. but as long as everything is done by the book and you use the proper family law codes that apply and the judge agrees then an appeal will never overturn the judgement.

AJBs MOM, We are going to offer him mediation one last time because in a way we want to give him a chance to screw up on his own. We dread the day our DD turns to us and asks why we didn't let him see her. I would feel better know we tried our best to keep him involved. But he may decline mediation for a second time and then we will go to trial. Our Attorney told us today that most appeals are denied. I don't feel so anxious now knowing that we are making one last effort to make this end nicely. Otherwise I am going to place my bets on the judge siding with the court investigator. What county are you in? I only hope they will grant the adoption the same day as terminating his rights. I did read over Kallens post a while back so I am familiar with who you are talking about. It is encouraging to know that you can do it without an attorney but I am glad to have one for the time being.

Crystaly,Thanks so much for the encouragement. We will see what happens on Monday 8/14. I just don't want this to go on any longer than it has to. I am 3 months pregnant and the stress is killing me. As I said above we are going to offer mediation for the second time. We are in the process of compiling a list of terms for that with our attorney should he agree to go. But then I am pretty sure he will not agree to our terms, it seems to be all or nothing for him so far, but we will see. And if he does not agree then I guess we fight it out.

Basically that is what we did. See we went back to court and he was granted supervised visitation with her and then he abandoned her once again. THat just set the motion, she does not care for him tooo much because she remembers what he did to her. So yes by all means try to get him to screw up. a lot of times if the adoption is going to go through it is the same type of men anyways. I am in san bernardino county. I do not know if the county you are in will grant both at the same time considering he is aware of the adoption appeal process. That is usually why there are the two differant dates, to give them time to appeal. You will see though. I know the journey is hard and heart ache but worth it in the end oh ya we did do it with an attorney also. Ours was not black and white enough to do it with out it. But in desperation I probably could have and still won. Get what I am saying. SO dont give up. and give in. The answer to your original question is FIGHT FIGHT FIGHT!!!!

There is an update on my case posted at: [URL="http://forums.adoption.com/showthread.php?p=1487220#post1487220"]http://forums.adoption.com/showthread.php?p=1487220#post1487220[/URL]