Step parent adoption issue

[Ohiogal]

Maybe the attorney did, and a john doe posting was done.

I could hope HOWEVER that was not mentioned at all so i am not holding my breath thinking it was done.

 

[Just Blue]

I could hope HOWEVER that was not mentioned at all so i am not holding my breath thinking it was done.

Perhaps if OP had answered the questions posted, rather than act like a pissy child, you, as a OHIO attorney and GAL, could have answered him. But OP is acting the child. Sigh...

 

[xylene]

Perhaps if OP had answered the questions posted, rather than act like a pissy child, you, as a OHIO attorney and GAL, could have answered him. But OP is acting the child. Sigh...

Mayeb the op is on the horn with a competent lawyer to defend their rights as an adoptive parent instead of being cheap?

I like to hope for the best.

 

[Ohiogal]

Mayeb the op is on the horn with a competent lawyer to defend their rights as an adoptive parent instead of being cheap?

I like to hope for the best.

And you slammed me for what purpose? I don't remember slamming you or anyone else on this thread. Oh yeah, I didn't. I pointed out that OP's wife committed fraud when the AOP was signed and there can be continuing fallout from that. So you decide to insult me? Nice.

 

[LdiJ]

And you slammed me for what purpose? I don't remember slamming you or anyone else on this thread. Oh yeah, I didn't. I pointed out that OP's wife committed fraud when the AOP was signed and there can be continuing fallout from that. So you decide to insult me? Nice.

Why do you think that you were being slammed?..I didn't see any hint of that at all in what xylene said.

 

[Zigner]

The post *could* have been interpreted as saying that OG was NOT a competent attorney. I don't think that's what was meant, but it could be read that way. Sometimes text on a screen doesn't come across with the right "tone"

 

[xylene]

My post is a direct reply to Blue Meanie.

That is why it is quoted as a reply to Blue Meanie.

I really don't see the offense in suggesting the hope that an OP is seeking effective counsel after a numerous' credible issues have been raised in a serious adoptive parent case by an expert member. It is keeping him up at night - be proactive and don't sweat the cash.

I'm doing this for the OP and the kids. I had not even done anything remotely bruising to anyone's ego expect perhaps mildly goading the OP to act.

When I have a point of contention with an OP or member, I never hesitate to raise it directly.

OhioGal is a very very competent lawyer. She is not the poster's lawyer. No forum message is even remotely equivalent, and I thought that did not need a caveat in regards to my statement. That is site policy and not an arbitrary opinion.

 

[LdiJ]

The post *could* have been interpreted as saying that OG was NOT a competent attorney. I don't think that's what was meant, but it could be read that way. Sometimes text on a screen doesn't come across with the right "tone"

OG is not an adoption attorney, so that never occurred to me at all. Clearly it didn't occur to xylene either.

 

[thefishguy]

I do not have a computer at work and am just seeing all this now.

I'd like to clear some things up.

1. The biological father gave up his rights.

2. The person named on the original birth certificate gave up his rights when I adopted in 2006.

3. According to the child support enforcement agency the case was closed in 2006 when I adopted but he still owed back child support. There is no way he can change that.

4. He is paying on that balance according to the terms of his parole. He was in jail for three years and got out sometime in april or may which is why the support checks finally started to come. I would assume this is a financial hardship for him and that is why they are attempting to scare us into giving up the right to collect the support payments.

The child support enforcement agency has also told us there is no way he can do anything to change the amount owed and there is no way he can do anything to overturn the adoption and to ignor all corespondence made by him or his wife but to keep a record of them.

We will not react unless something comes from a court of law. Which will more than likely not happen as he would have to pay in order to fight a losing battle. This whole thing boils down to money for him.

My lawyer is very diligent but is on vacation until the end of the week. I will be making an appointment with her in order to get some more answers.

I am not cheap and am fully capable and willing to pay my lawyer.

I posted on here because I was having a difficult time. Being ridiculed was not appreciated and struck a nerve when I had already been uneasy. THe post containing a rolled together text sentence really threw me. I am a real person, a husband, a father of four, home owner, and business owner. I came here for help and to possibly ease my mind.

My sincerest appologies for causing so much turmoil.

Good day.

 

[Ohiogal]

I do not have a computer at work and am just seeing all this now.

I'd like to clear some things up.

1. The biological father gave up his rights.

HOW did the biological father give up his rights? When did that happen? Because in order for the biological father to give up his rights in Ohio, there would have had to be a stepparent adoption take place. That did not happen. Apparently paternity was never established regarding him. If it had been then the guy who signed the AOP never would have been on the hook for child support UNLESS HE adopted the child.

2. The person named on the original birth certificate gave up his rights when I adopted in 2006.

Okay.

3. According to the child support enforcement agency the case was closed in 2006 when I adopted but he still owed back child support. There is no way he can change that.

Mother could forgive the arrears.

4. He is paying on that balance according to the terms of his parole. He was in jail for three years and got out sometime in april or may which is why the support checks finally started to come. I would assume this is a financial hardship for him and that is why they are attempting to scare us into giving up the right to collect the support payments.

Okay.

The child support enforcement agency has also told us there is no way he can do anything to change the amount owed and there is no way he can do anything to overturn the adoption and to ignor all corespondence made by him or his wife but to keep a record of them.

You are aware that you are not necessarily speaking to attorneys at CSEA, right?

We will not react unless something comes from a court of law. Which will more than likely not happen as he would have to pay in order to fight a losing battle. This whole thing boils down to money for him.

Okay.

My lawyer is very diligent but is on vacation until the end of the week. I will be making an appointment with her in order to get some more answers.

I am not cheap and am fully capable and willing to pay my lawyer.

Okay.

I posted on here because I was having a difficult time. Being ridiculed was not appreciated and struck a nerve when I had already been uneasy. THe post containing a rolled together text sentence really threw me. I am a real person, a husband, a father of four, home owner, and business owner. I came here for help and to possibly ease my mind.

My sincerest appologies for causing so much turmoil.

Good day.

Please answer my questions regarding the biological father.

 

[LdiJ]

HOW did the biological father give up his rights? When did that happen? Because in order for the biological father to give up his rights in Ohio, there would have had to be a stepparent adoption take place. That did not happen. Apparently paternity was never established regarding him. If it had been then the guy who signed the AOP never would have been on the hook for child support UNLESS HE adopted the child.


Okay.


Mother could forgive the arrears.


Okay.


You are aware that you are not necessarily speaking to attorneys at CSEA, right?


Okay.


Okay.


Please answer my questions regarding the biological father.

Could both the biological father AND the legal father have given up their rights through the process of OP's adoption of the child?

 

[mistoffolees]

Could both the biological father AND the legal father have given up their rights through the process of OP's adoption of the child?

No. Adoption transfers one parent's rights to another parent. The child only had one father - so at any given time, one of the 'fathers' did not have any rights so could not be involved in the adoption.

It is entirely possible that the biological father gave up his rights earlier, but not at the same time as the legal father.

 

[LdiJ]

No. Adoption transfers one parent's rights to another parent. The child only had one father - so at any given time, one of the 'fathers' did not have any rights so could not be involved in the adoption.

It is entirely possible that the biological father gave up his rights earlier, but not at the same time as the legal father.

Are you sure? Because I always understood it to be a two step process. The first step is the biological or legal parent's rights being terminated, and the second step is the adoption.

That is why I asked OG. It seems to me that logically, the rights of all potential/legal parents could be terminated in the course of one adoption.

 

[mistoffolees]

Are you sure? Because I always understood it to be a two step process. The first step is the biological or legal parent's rights being terminated, and the second step is the adoption.

That is why I asked OG. It seems to me that logically, the rights of all potential/legal parents could be terminated in the course of one adoption.

That's right. The first step is termination of the existing parent's rights. Since the child only has one father at any given time, you can't remove two fathers from the picture simultaneously.

 

[LdiJ]

That's right. The first step is termination of the existing parent's rights. Since the child only has one father at any given time, you can't remove two fathers from the picture simultaneously.

No, but you could remove two fathers concurrently. One after the other.

Example:

Legal dad's paternity is disestablished, and then biodad's paternity is established and then terminated. Its not simultaneous but its concurrent.