Annulment of Adoption

To contest an adoption, a man must first prove he has legal standing, which requires more than just a biological link. The court looks for evidence that the father has provided financial support during pregnancy or has made a consistent effort to be involved in the child's life. If the father knew of the pregnancy but remained silent until after the placement, the court may rule that he has waived his parental rights through inaction. We perform a forensic audit of the father's history, identifying periods of abandonment and lack of support to ensure his petition for intervention is dismissed.

Many states maintain a Putative Father Registry that requires unmarried men to register their intent to claim paternity within a strict statutory timeframe, often as short as 30 days after birth. If a man fails to register, his right to notice of the adoption is legally extinguished in most jurisdictions. This administrative barrier is designed to provide finality for adoptive parents. At SJKP LLP, we utilize these registry requirements to block late-stage claims, ensuring that your adoption cannot be hijacked by an individual who failed to comply with the state's procedural mandates.

Duress is defined as a high level of pressure or threat that overcomes the free will of the parent, making their signature on the consent form legally invalid. This often includes threats of financial ruin or the strategic withholding of information regarding the parent's legal options. The court performs a forensic review of the circumstances surrounding the signing of the documents, looking for any sign of predatory behavior by agencies or attorneys. We ensure that every consent is obtained under strict conditions with independent counsel present, making the relinquishment litigation-resistant and irreversible.

A wrongful adoption occurs when an agency or a biological parent intentionally conceals material facts about a child's health, heritage or legal status to induce a placement. If the adoptive parents discover that they were defrauded, or if a biological parent discovers they were lied to about the adoptive home, the court can set aside the adoption. This litigation targets the very foundation of the family unit. Our firm provides the forensic oversight needed to verify every disclosure made during the adoption process, protecting you from the fallout of administrative or parental deception.

Federal law mandates that the child's tribe be given formal notice of any involuntary proceeding to terminate parental rights or place the child for adoption. If this notice is missing or technically defective, the tribe has the right to petition the court to vacate the adoption and move the child to a tribal placement. This jurisdictional bypass often ignores the best interests standards used in state courts. We conduct an exhaustive forensic search for tribal affiliation at the earliest stage of the case, ensuring that every federal mandate is satisfied and that the tribe's right to intervene is addressed before the placement begins.

ICWA establishes a strict hierarchy for placement, favoring extended family, other members of the child's tribe and then other Native American families. To bypass these preferences and keep the child in your home, you must prove by clear and convincing evidence that there is good cause to deviate from the law. This is one of the highest evidentiary burdens in family law. SJKP LLP specializes in building these good cause defenses, utilizing expert testimony and cultural evaluations to force the court to maintain the child's current bond with the adoptive family.

f a biological parent has failed to provide financial support or maintain meaningful contact with the child for a statutory period, which is typically six months to a year, the law allows the court to find they have abandoned the child. This finding makes their consent for the adoption unnecessary. However, parents often attempt to cure their abandonment by making a single phone call or payment the moment they learn of the adoption. We utilize forensic evidentiary logs to prove that these late-stage efforts are insufficient and that the parent's prior neglect justifies the termination of their rights.

Contrary to common belief, the mere fact that a parent is in prison does not automatically make them unfit or allow for a Contested Adoptions to proceed without their consent. The court looks at the length of the sentence and the parent's efforts to maintain a relationship with the child from behind bars. If the parent has stayed in contact, the state may be reluctant to terminate their rights. At SJKP LLP, we perform a deep forensic review of the parent's criminal history and their prior parenting performance to build an unassailable case for termination that focuses on the child's long-term safety.

The ICPC is a contract between all 50 states that ensures a child is placed in a safe and monitored environment. A violation of the compact's notice and approval requirements is treated as a breach of state law and can lead to the dismissal of the adoption petition. The receiving state will refuse to finalize the adoption and the sending state may demand the child's return to foster care. We manage the complex administrative filings and jurisdictional coordination required for interstate cases, ensuring that your defense is built on a foundation of perfect procedural compliance.

In the initial months of an interstate placement, a procedural error in the ICPC paperwork can override the child's attachment to the adoptive parents. The state's interest in maintaining orderly interstate placement is prioritized over the family's stability until the final decree is signed. This makes technical precision the only true defense against a jurisdictional challenge. SJKP LLP provides the authoritative oversight needed to navigate these cross-border administrative traps, ensuring that no state agency has the grounds to disrupt your family's unification.