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Father wins custody of baby put up for adoption without consent

Most Texas parents would agree that no matter what becomes of a marriage, the children it produces will forever be important to them. Couples may go through a divorce so bitter that they never want to see each other again, but few mothers and fathers are willing to give up access to their children, even those born after a couple has parted ways.

A former Texas resident's struggle to gain custody of a daughter he previously didn't know he had is a good example of this parental dedication. The 31-year-old man was separated from his wife when she gave birth to their daughter and put her up for adoption without the father's consent. But a recent court decision upheld the father's rights.

The Army drill instructor knew his wife was pregnant but said she cut off contact with him after he was deployed to another state. He later assumed she had gotten an abortion as she had threatened to do. But several weeks after the baby was born in March 2011, he learned that she had given the baby up for adoption immediately after the birth. The father says he hit a dead end when he tried to contact the adoption agency, which he says refused to help him even though hadn't consented to the adoption.

Ruling in favor of the father, a family law judge faulted the adoption agency for not trying harder to contact the father after being given an outdated address and told by the mother that he would probably not consent to the adoption. The couple who adopted the baby has been ordered to return her to the father within 60 days, but they've promised to appeal the decision.

While it's comforting to know that fathers who stand up for their rights are often successful, legal disputes like this one can be emotionally and financially overwhelming. Fathers in Texas and across the country can often benefit from the counsel of an experienced family law attorney who will fight for them and their children.

Source: Yahoo News, "Adopted Baby Ordered Returned to Dad," Russell Goldman, Dec. 4, 2012

  • Our law firm is dedicated to upholding the rights of fathers in Texas. To learn more about our practice, please visit our Dallas family law website.

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