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Adopted step daughter now 18...this is a mess

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cindyin214

Junior Member
What is the name of your state (only U.S. law)? Texas

I will try to be brief with the back story. I married my husband in 2000. He had "joint legal custody" of his then 4 year old daughter, but she lived with us full time, and saw biomom very sporadically. She paid child support and maintained health insurance per the decree. In 2003, due to the habitual instability of biomom, we offered to allow her to terminate rights and child support to allow me to adopt. She jumped at the opportunity and so that all went off without a hitch.
Over the 10 years since, we have still allowed our daughter to have occasional contact with biomom. (they would see each other once or twice every year or two, but biomom is unstable. She has 2 other children with 2 other fathers that she also is not raising herself)
On Monday, our daughter turned 18. Biomom contacted her through Facebook, and within 5 seconds, the choice was made for her to go live with biomom. My husband agreed to allow this, so as of Tuesday at 5pm, our daughter is gone. (the reasons we let her go are numerous and complicated- we have had years of behavioral issues with our daughter- even spending 9 months in a facility for troubled teens. She would have made this happen with or without our consent, and at 18, we felt we really had no rights to stop her, *legally*.)
OK- so here's the question. She IS 18, but not yet finished with high school. The original decree had biomom paying child support until age 18 or upon completion of high school, but of course that all changed with the termination/adoption. IF she had not terminated rights, at this point, the decree could be modified to now have my husband paying child support until she finishes high school. (which she is only a junior- we had to hold her back a year in 6th grade) Since biomom legally, technically is "no longer mom", and daughter is legally an adult, would biomom have any course of action to take us to court to modify anything, become a legal guardian or something, and request support?
Thanks for any insight!
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Texas

I will try to be brief with the back story. I married my husband in 2000. He had "joint legal custody" of his then 4 year old daughter, but she lived with us full time, and saw biomom very sporadically. She paid child support and maintained health insurance per the decree. In 2003, due to the habitual instability of biomom, we offered to allow her to terminate rights and child support to allow me to adopt. She jumped at the opportunity and so that all went off without a hitch.
Over the 10 years since, we have still allowed our daughter to have occasional contact with biomom. (they would see each other once or twice every year or two, but biomom is unstable. She has 2 other children with 2 other fathers that she also is not raising herself)
On Monday, our daughter turned 18. Biomom contacted her through Facebook, and within 5 seconds, the choice was made for her to go live with biomom. My husband agreed to allow this, so as of Tuesday at 5pm, our daughter is gone. (the reasons we let her go are numerous and complicated- we have had years of behavioral issues with our daughter- even spending 9 months in a facility for troubled teens. She would have made this happen with or without our consent, and at 18, we felt we really had no rights to stop her, *legally*.)
OK- so here's the question. She IS 18, but not yet finished with high school. The original decree had biomom paying child support until age 18 or upon completion of high school, but of course that all changed with the termination/adoption. IF she had not terminated rights, at this point, the decree could be modified to now have my husband paying child support until she finishes high school. (which she is only a junior- we had to hold her back a year in 6th grade) Since biomom legally, technically is "no longer mom", and daughter is legally an adult, would biomom have any course of action to take us to court to modify anything, become a legal guardian or something, and request support?
Thanks for any insight!
No. The biological mother has no rights to your daughter nor to sue for custody or support. I find it telling that you still refer to this child (in the title at least) as your adopted step child. The original decree matters not and has no bearing on this situation.
 

cindyin214

Junior Member
Thank you very much for that reply. (I only put that in the title to clarify the post being in the "adoption" section. She is my daughter...our daughter....and we are very hurt and feel very betrayed by her choice. I have never referred to her as my stepdaughter, and never will. I've been with her full time since she was barely 3.)
 

Eekamouse

Senior Member
Since your daughter is still not graduated from high school, someone needs to support her. Who do you think it should be?
 

Ohiogal

Queen Bee
Since your daughter is still not graduated from high school, someone needs to support her. Who do you think it should be?

The 18 year old is making adult decisions. As such, the 18 year old should support herself. After all she believes she is grown and should choose where she lives with no intervention from anyone. The 18 year old should therefore support herself.
 

Eekamouse

Senior Member
As soon as she realizes she'll be getting no support from Dad and Mom, she'll be angry but she'll move back in with them I bet. Unless Biomom is able to support her, that is.
 

cindyin214

Junior Member
Since your daughter is still not graduated from high school, someone needs to support her. Who do you think it should be?

I would be happy to provide directly for our daughter if biomom could not; we do not, however, wish for any funds to go thru biomoms hands...because we KNOW it wouldn't really be used for daughters needs. To give daughter money as needed is fine; several hundred dollars a month to someone else though? No.
And yes, we feel that when "the honeymoon" is over, she will be asking to come home.
 

FarmerJ

Senior Member
In the 70s I too left the day after my 18th birthday, This young woman is now 18 with all the rights and responsibilities of being 18 , dont concern your self about her being able to support her self, if this new living arrangement fails you can prepare for it now by typing up a month to month lease agreement that includes finishing HS( or even a bi weekly since less than one month rental term means notice can be same) to be signed by her if she must move back ( since you too should treat her as the adult she wants to be and if she blows it with you then I suggest you speak to her father ahead of time about the two of you giving her proper notice to get out and evicting her if you must. ( do not be afraid to say no to her wanting to move back real fast too, you can urge her to be adult now and allow more time / chances to make it work since this is what adults do)
 
Biomom has been a legal stranger since the adoption with no more legal rights to your daughter than I have. If she moves out from your house, you have no legal obligation to support her in any way and biomom has no legal standing to seek child support.
 

ecmst12

Senior Member
She wouldn't be able to get child support even if she was still mom because there isn't a child anymore. The adult can live where she chooses and figure out her own support.
 

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