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Step Parent Adoption Reversal

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What is the name of your state (only U.S. law)? Georgia

My now ex husband (divorced May 2012), adopted my youngest son in 2010. When we were preparing for the divorce, he said he wouldn't agree to it until I terminated his parental rights to my son because all I wanted was a paycheck. He was unemployed at the time of our divorce so that was not the case. Of course, once the papers did get filed, the judge ordered child support for my son. He never attended the parenting course required by the courts and did not pay child support for almost 6 month. I found out he finally got a job, so I sent off the paperwork to his employer to have it deducted from his paycheck. The last payment I received was December 19, 2012, when I assume he quit or got fired. He has not seen 'our' son since March 2012. He never called, never came by, never attempted contact until April 2012 when he called my phone while we were on vacation. I questioned why he was calling since he hadn't bothered any communication until now. He was clearly intoxicated. He proceeded to tell me that he wanted to tell my son good-bye because he was going to kill himself.

That was the last time we heard from him. However, I found out he was living with another woman and raising her daughter and they are expecting a child in the next few weeks. I heard rumors that he ran out on those kids too. I do not know for sure since his family has had nothing to do with my son either. He owes a few thousand in child support, but I do not want his money. He is not father material. He has not supported my son emotionally or financially. If something were to happen to me, he is the person they will place my son with...a man who does not love nor want this child.

Everything I have read says that there has to be another person lined up to adopted the child before I can terminate parental rights. Can I just reverse the adoption without having someone else lined up to adopt him? My husband now is a wonderful caring man who loves my son and is willing to adopt him and says he would love to, however, I do not want to do this. I am his mother and I do not think I should have to have a man adopt my son so I can have piece of mind that my ex has no rights to a child he doesn't want.

Any advice would help!!
 


Silverplum

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

My now ex husband (divorced May 2012), adopted my youngest son in 2010. When we were preparing for the divorce, he said he wouldn't agree to it until I terminated his parental rights to my son because all I wanted was a paycheck. He was unemployed at the time of our divorce so that was not the case. Of course, once the papers did get filed, the judge ordered child support for my son. He never attended the parenting course required by the courts and did not pay child support for almost 6 month. I found out he finally got a job, so I sent off the paperwork to his employer to have it deducted from his paycheck. The last payment I received was December 19, 2012, when I assume he quit or got fired. He has not seen 'our' son since March 2012. He never called, never came by, never attempted contact until April 2012 when he called my phone while we were on vacation. I questioned why he was calling since he hadn't bothered any communication until now. He was clearly intoxicated. He proceeded to tell me that he wanted to tell my son good-bye because he was going to kill himself.

That was the last time we heard from him. However, I found out he was living with another woman and raising her daughter and they are expecting a child in the next few weeks. I heard rumors that he ran out on those kids too. I do not know for sure since his family has had nothing to do with my son either. He owes a few thousand in child support, but I do not want his money. He is not father material. He has not supported my son emotionally or financially. If something were to happen to me, he is the person they will place my son with...a man who does not love nor want this child.

Everything I have read says that there has to be another person lined up to adopted the child before I can terminate parental rights. Can I just reverse the adoption without having someone else lined up to adopt him? My husband now is a wonderful caring man who loves my son and is willing to adopt him and says he would love to, however, I do not want to do this. I am his mother and I do not think I should have to have a man adopt my son so I can have piece of mind that my ex has no rights to a child he doesn't want.

Any advice would help!!
No, your plan is not legal.
 

single317dad

Senior Member
If something were to happen to me, he is the person they will place my son with...a man who does not love nor want this child.

As far as the state is concerned, this is preferable to orphaning a child and making them a ward of the state. That's why the law is what it is. I'd advise you to choose fathers for your child more carefully in the future, as you've later deemed the first two unsuitable after the fact.
 
Re:

As far as the state is concerned, this is preferable to orphaning a child and making them a ward of the state. That's why the law is what it is. I'd advise you to choose fathers for your child more carefully in the future, as you've later deemed the first two unsuitable after the fact.

He isn't be orphaned though...I am still his mother and am no way giving him up for adoption. If I am not giving him up for adoption, why would he be considered an orphan and become a ward of the state? I would want him to be with my parents or just live with my husband now if something were to happen to me. He would be a ward of the state anyway if something happened and he went to my ex. My ex does not want him.

As for choosing my child's fathers, he was an unplanned child and his bio father wasn't ready so he split. I thought my ex wanted to be a father. He raised my son for from the time he was 3 months old...a total of 5 years before adopting him. If I had any clue this would happen, I wouldn't have let him adopt my son. So why in the world would you say something like that. You have the audacity to assume the bio dad thing was my fault!!!! Shame on you!!!
 
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Silverplum

Senior Member
He isn't be orphaned though...I am still his mother and am no way giving him up for adoption. If I am not giving him up for adoption, why would he be considered an orphan and become a ward of the state? I would want him to be with my parents or just live with my husband now if something were to happen to me. He would be a ward of the state anyway if something happened and he went to my ex. My ex does not want him.

As for choosing my child's fathers, he was an unplanned child and his bio father wasn't ready so he split. I thought my ex wanted to be a father. He raised my son for from the time he was 3 months old...a total of 5 years before adopting him. If I had any clue this would happen, I wouldn't have let him adopt my son. So why in the world would you say something like that. You have the audacity to assume the bio dad thing was my fault!!!! Shame on you!!!

Well, then.
 
That's not the only opportunity you had. You should have paid attention in biology class.

ETA: You ALSO had the option to put the child up for adoption.

I did have the choice of adoption, however, there are far too many children that are wards of the state because of mistakes people make so I chose to raise that baby so he didn't have to grow up in an orphanage or bouncing between foster families. I know in my heart I made the right choice. "Judge not, that you be not judged." ~Matthew 7:1

I posted because I wanted legal advice, not moral advice. It was posted that what I wanted was not legal. Fine. If anyone else has LEGAL ADVICE, please feel free to comment. If you want to judge my decisions, just move on to the next post.


Thank you
 

Silverplum

Senior Member
I did have the choice of adoption, however, there are far too many children that are wards of the state because of mistakes people make so I chose to raise that baby so he didn't have to grow up in an orphanage or bouncing between foster families. I know in my heart I made the right choice. "Judge not, that you be not judged." ~Matthew 7:1

I posted because I wanted legal advice, not moral advice. It was posted that what I wanted was not legal. Fine. If anyone else has LEGAL ADVICE, please feel free to comment. If you want to judge my decisions, just move on to the next post.


Thank you

Tone down the rage, please.

:cool:
 

sandyclaus

Senior Member
Adding to this that you CHOSE the stepparent who ultimately became this incompetent and irresponsible legal father to your child after you petitioned to proceed with the adoption.

This is one very good reason why you need to be very careful about who you allow to adopt and assume the legal responsibility of being the other parent through adoption. You need to consider what happens if the two of you divorce, or if you predeceased your spouse. Your child now gets to deal with the consequences of your choices since this previously unrelated stranger now has legal responsibility for them for the rest of their lives.

If you can't imagine your child living with the stepparent and without you for the rest of their childhood, you should NEVER subject either of them to an adoption. You're not hurting your spouse, you are hurting your child by doing that. The courts aren't interested in playing "revolving daddies" to suit your needs. It is, and always should be about what's in the child's best interest, not your own - which, ironically, is why the courts won't reverse the adoption simply because you exercised poor judgment and clearly entered into the adoption for all the wrong reasons.
 

Zigner

Senior Member, Non-Attorney
If you want to judge my decisions, just move on to the next post.

I'm not judging your decisions. It would be pointless to do so, as they can't be changed. I am simply hoping to help you realize that your justifications are false. Why? So that you can learn from your past incorrect and harmful (to the child) decisions.
 
My decisions do affect my child, which is why I want to reverse this...for him. I never saw myself being divorced from my ex-husband...not in a million years much less that he would do what he did to my child.

The reason I want to reverse the adoption instead of having my current husband adopt him is because now, I see no matter how much I could never imagine these things happening, they can. I do not want to do something like this to my son again. I want more than anything what is best for him. Having a legal father that hates him so much he won't see or talk to him is heartbreaking for him and even more heartbreaking for me to watch him deal with.

I thought the law wanted what is best for the child...guess that isn't the case after all. :confused:
 
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