Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

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Appellate court overturns adoption of 3-year-old

Adoption proceedings in San Antonio can quickly become complicated, particularly in cases were both biological parents do not participate. In most cases, both parents must consent to an adoption before it can be finalized. There are, however, certain exceptions created by individual state laws that may allow for such a case to be completed even if one of the biological parents is absent. However, the criteria for determining if a parent has forfeited his or her parental rights may be subjective, and could come into question at a later date.

That is what is happening in a custody case currently being argued in South Carolina. A man is fighting to have the adoption of his daughter overturned after an earlier ruling terminated his parental rights while he was in prison. The court that issued the ruling cited a state law saying that a father’s consent is not needed to approve an adoption if he did not attempt to maintain consistent contact with the child through financial support or other means as the reason why the man’s rights were revoked. He claims that he did attempt to support the child by asking his mother to send money to her, and that he tried to communicate with her through correspondence. No record exists of the child receiving any letters or financial support. However, an appellate court ruling recently overturned the adoption. All parties are now waiting to hear back from the state Court of Appeals.

Whatever side one might happen to fall on in such a case, there may likely be plenty of support offered by outside parties. The best support, however, may be that which comes from a family law attorney who can help assist with one’s case.

Source: The Herald “Custody dispute puts 3-year-old’s future in balance” Harris, Amanda, Feb. 09, 2017

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

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