Has my child been adopted out from under me?????

[tantalus33]

`14 years of mind control from my x. Utter and complete disregard for Codes of Civil Procedure. My x has many lawyers. I work full time, live in Fl and my x and 14 yr old daughter live in Ark  My x slowly and with much fortitude slowly turned my child against me to convince willingness and the pursuit of adoption. Fine! For the  first year my x cut all comm via phone, letter, social media I stood my ground, writing, sending gifts, facebook...no replies. I drove down on MY visitation Christmas 2014 to see my daughter. Got there and she refused visitation! The second year i got worn down, little to no contact. Third year I'm done. Let her get adopted. I love her and forgive her but I cant do this anymore. 14 years of court battles.
I cant write enough to explainl the evil. Bottom line is I was served a summons on May 17 2016 for Petition for Adoption filed Jan 7 2016 from the x and her husband of 8 years. A consent from my daughter included a signature with her future last name not MY name! A poke? Dunno cause I have no representation and no friend or acquaintance will even discuss such because everyone is afraid of getting sued! OMG! Every bend i come around is some roadblock. The Petition for Adoption required a reply via answer or motion within 30 days. I filed a motion for a more definite answer based on "I cannot agree that the petitioners are married since no certified copy of a marriage certificate was enclosed. There was no statement mentioning how I may be granted relief from Child Support or attaching me to the Ark Child Enfocement Office. Motion recieved May 17. Filed 20th. The required time to reply (10 days) has since gone. I called the clerk, she said probate documents are sealed by law and no one but the attorneys could have access. I said I was pro se. She said id have to call the petitioners attorney. I did four x . They did nor respond . I even called the Judge of that district and was told the same thing that the law states no one has access to the files. OMG! Im the freaking father and attorney!! No help , no answers. Just screwed up laws which has burned me down, liberty has not been even within reach of me , I have been raped and beat by laws which were suppose to protect the innocent and the poor, i work so no im not indigent. Done tried that route for help. None, 14 bucks a hour in a metro area is too much money.
If the records are sealed has my child been taken from me and I still pay child support with no child no visitation? Arkansas can do anything and has done such atrocities to me no one here would even believe it. False documentataion, no documentation, destruction of documentation. I have so much proof but cant even get a hearing to state my case against ark ocse and be heard. I'm done men, I'm done!

[MixedBag]

File a motion to have a hearing set with the court.

[tantalus33]

 Though I may receive suggestions and ideas for my legal strategy in this forum, I fully understand it is not legal advice and I will not allow it to be taken as such. This statement I believe to be true and shall have no time constraints nor shall it be retracted or prohibited by myself from past or future topics and discussions within the confines of this forum. Signed: Tantalus33

Mixed Bag, thank you for your reply. The petitions are in the clerks office not the judges office as of yet. Which includes the petitioners (x wife and husband) Petition for Adoption , my daughter's Consent to Adoption and Entry of Appearance..her name was on the petitions as the last name of the petitioner and notarized ..how can they do that without a order of decree yet? So I'm assuming it's not a done deal yet since the files are still in the clerks office and not the judges office.  A Decree has not been filed as of this day.  Don't I have a right of say in this matter? Or am I just going to be disregarded and tossed aside as I have been for the last three years. Ive been treated not only by my X and daughter but also by the law as some perverted, deviant whom feeds on less fortunate creatures in the night. Yet I remain.  I have NO misdemeanors , NO felonies, NO allegations or history of complaints regarding any unnatural or misguided behavior. I only tried to love my child and I still do and always will regardless of her state of mind.   If I were to file a motion for hearing in Probate Court would I write this hoping it would serve as a quicker method for receiving a court date? Doesnt it have to go to court anyways? WHat purpose would it serve besides the obvious? thanks T33

[ocean]

Not a lawyer but maybe either file a petition to the courts registered mail to prove you sent it:
1. Answering the papers you received stating "father wants to be an active part of child's life but has not been given the opportunity to do so, he is current on child support and would like for his daughter to keep her birth given name. Father understands that the new step-father is an active person in daughter's life but father would like to keep communication open for the future and keep his rights as her father"

or

2. File modification of child support- father requests that this child support case be closed as child will be adopted by step-father. Father has tried for the last 14 years to be apart of child's life but has been up against road blocks from mother since birth. Father has not been asked to change child's name or about adoption until he received court papers in the mail. Father has asked mother's lawyer for information about adoption since he can not get sealed copies himself. No response from mother's counsel. (not really sure how to totally word this but something along those lines.....)

Now, here in NY, you can NOT change child name unless bio parent agrees. ONLY way and even that is court. Your ex is trying to get around this with the adoption and usually here step parent takes over the financial aspect too which means child support should be dropped IF the adoption goes through. Very hard to do here if you are fighting it and have paid child support. There is no hearing on this yet? Maybe in the communication put any hearing dates I would like to be there by phone conference since I live out of state, my cell number is xxxx. Put that is ALL communication with the courts but I agree, file something with the courts to MAKE them put on a hearing date. Then maybe if possible make the trip in person (although it can take several hearings and a month between each date sometimes to settle anything).

[MixedBag]

jurisdiction is probably Arkansas....I need to take time to read old posts.

[tantalus33]

Dear Ocean and Mixed Bag, again I thank you for your time to reply and reply in detail. I also understand how easy it would be for you to climb atop the seat of the scornful and judge me indiscriminately for a decision where most say they'd never or will ever entertain the idea. The act of waiving the white flag of defeat and surrendering the battle lost, walking the walk of shame and signing to the terms of defeat. I was once one of these people who said those very words time and time again. Funny how time will wear on you.
I will file a Modification of Child Support in hopes a court date will be set. If my daughter's name has not been legally changed and this was a poor attempt to debase me further I will take the Notary and the entire lot of them before the Ethics Commission. Thanks again for showing your attention in this most critical matter I face! awg

[tantalus33]

Oh, Mixed Bag, yes Jurisdiction is Ark. I have found employment in Fla for the past three years.

[hogwild28]

I know I am prob too late, wish I had known about this place before. But I am a paralegal here in Arkansas and work on quite a few domestic cases of all types. Most probate matters are not sealed in this state. Most you can locate by going (they won't let me post a link, crud) to Google and searching Pulaski county clerk then find the "search court records" option on the left side, then choose search by name, etc. then agree to whatever they say, once you come to the page where you enter last name first name, do so. This will search all of Arkansas not just Pulaski County, that is just the easiest way to tell you how to find it. Arkansas Court Connect may also work well in a search in Google. it will pull up all cases involving anyone with that name. I would suggest using your daughters name because of the way the cases are styled here in adoptions or guardianship's that is how they will typically pop up. Most counties are now online, a very few of the small counties may not be.

In Arkansas a child can be adopted without consent of the other parent only of there has been no meaningful contact and no support paid in 12 months time. You would have needed to file and Response to the Petition for adoption generally denying all the points (paragraphs) in the Petition and then you would have to fax file (pro se (meaning you acting as your own attorney) it with the Clerk or mail it in. Then probably showed up at the hearing and contested the adoption, shown proof of your attempts to contact your child and shown proof of support paid. Also under Arkansas Law once the child is adopted that should absolve you of any support obligations from the date the adoption is entered on. If you had any arrears they would have to be paid until they were paid off, but they can't get any more money after the decree is filed.

I am so sorry for all that you went through. Hopefully one day your child will realize what the real deal was.