Step-parent adoption with NCP consent

[usound76]

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

Hello all, I’m back again!

Let me start off by saying that we do have an attorney, but asking her questions takes chunks out of our retainer. Since you all have been so helpful in the past, I figured I’d ask you guys first before biting further into our retainer. I apologize for the length, but I have included part of the consent document.

My husband is in the process of adopting my daughter WITH the NCP’s consent. He signed the consent on July 31st of this year, but the adoption is not final yet. All we are waiting for is CHFS to send their recommendation to the court and get a court date. The need for a GAL was waived due to NCP consent.

This morning, her father called me up in arms because CS is still coming out of his paychecks. I told him it wouldn’t stop until the adoption is final, he is legally still her father at this point. He is livid and has threatened to pull his consent to the adoption unless it stops NOW and his arrears are waived. The consent reads:
“E. That, I through my signature on this document, grant my consent to the adoption and understand that this consent will be final and irrevocable twenty (20) days after the later of the placement approval or the execution of this document. I understand that my consent to this adoption may be withdrawn only by written notification sent to the proposed adoptive parent, XXX, or the attorney for the proposed adoptive parent, XXX, on or before the twentieth (20th) day following the execution of this consent by certified or registered mail and also by first class mail.”
Can he pull his consent since the adoption isn’t final yet? The consent was filed with court on August 2nd, did he have 20 days from then, or 20 days from the adoption finalization? Can the arrears even be waived & current CS stopped?

Thanks in advance for your responses!

 

[Zigner]

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

Hello all, I’m back again!

Let me start off by saying that we do have an attorney, but asking her questions takes chunks out of our retainer. Since you all have been so helpful in the past, I figured I’d ask you guys first before biting further into our retainer. I apologize for the length, but I have included part of the consent document.

My husband is in the process of adopting my daughter WITH the NCP’s consent. He signed the consent on July 31st of this year, but the adoption is not final yet. All we are waiting for is CHFS to send their recommendation to the court and get a court date. The need for a GAL was waived due to NCP consent.

This morning, her father called me up in arms because CS is still coming out of his paychecks. I told him it wouldn’t stop until the adoption is final, he is legally still her father at this point. He is livid and has threatened to pull his consent to the adoption unless it stops NOW and his arrears are waived. The consent reads:
“E. That, I through my signature on this document, grant my consent to the adoption and understand that this consent will be final and irrevocable twenty (20) days after the later of the placement approval or the execution of this document. I understand that my consent to this adoption may be withdrawn only by written notification sent to the proposed adoptive parent, XXX, or the attorney for the proposed adoptive parent, XXX, on or before the twentieth (20th) day following the execution of this consent by certified or registered mail and also by first class mail.”
Can he pull his consent since the adoption isn’t final yet? The consent was filed with court on August 2nd, did he have 20 days from then, or 20 days from the adoption finalization? Can the arrears even be waived & current CS stopped?

Thanks in advance for your responses!

20 days from the date the adoption if final.

Why don't you just send him back the child support payments as you receive them?

 

[CSO286]

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

Hello all, I’m back again!

Let me start off by saying that we do have an attorney, but asking her questions takes chunks out of our retainer. Since you all have been so helpful in the past, I figured I’d ask you guys first before biting further into our retainer. I apologize for the length, but I have included part of the consent document.

My husband is in the process of adopting my daughter WITH the NCP’s consent. He signed the consent on July 31st of this year, but the adoption is not final yet. All we are waiting for is CHFS to send their recommendation to the court and get a court date. The need for a GAL was waived due to NCP consent.

This morning, her father called me up in arms because CS is still coming out of his paychecks. I told him it wouldn’t stop until the adoption is final, he is legally still her father at this point. He is livid and has threatened to pull his consent to the adoption unless it stops NOW and his arrears are waived. The consent reads:
“E. That, I through my signature on this document, grant my consent to the adoption and understand that this consent will be final and irrevocable twenty (20) days after the later of the placement approval or the execution of this document. I understand that my consent to this adoption may be withdrawn only by written notification sent to the proposed adoptive parent, XXX, or the attorney for the proposed adoptive parent, XXX, on or before the twentieth (20th) day following the execution of this consent by certified or registered mail and also by first class mail.”
Can he pull his consent since the adoption isn’t final yet? The consent was filed with court on August 2nd, did he have 20 days from then, or 20 days from the adoption finalization? Can the arrears even be waived & current CS stopped?

Thanks in advance for your responses!

The first bolded: either once the adoption is final or 20 days after NCP signed te doc. NCP cannot revoke his consent.

RE child support: Are you on any type of public assistance? IF not, you can choose to request that the CSED no longer enforce the current support obligation.

You need to contact your state's CSED to look into whether or not the arrearages can be forgiven as part of the adoption. In many states, they cannot (It looke a lot like selling a child--kinda cuz it is.)

 

[Zigner]

The first bolded: either once the adoption is final or 20 days after NCP signed te doc. NCP cannot revoke his consent.

No.

It's the later of 20 days after the adoption is final or 20 days after the consent was signed.

 

[CSO286]

No.

It's the later of 20 days after the adoption is final or 20 days after the consent was signed.

Zig, I've done this within the last year, and consulted an attorney on the process.

As I understand it, the consent cannot be revoked after the 20 days regardless of how long it takes to obtain the adoption order.

Generally speaking, that consent form must be signed and filed even before a court date can be scheduled.

The NCP's parental rights are not terminated upon the filing/execution of the doc, that occurs once the adoption is official.

 

[usound76]

Thank you for your quick replies!

I'm not on any public assistance, but she does have a KY medical card under a Home & Community Based Waiver for disabled children. I am willing to stop the current CS order and waive arrearages if I can. In the consent it states:

"4. That I have not been given and/or promised anything of value in return for my consent herein"

I would think that waiving arrearages would fall under "anything of value". Once the adoption is final, I plan to waive them if I can. I understood it to mean that I can't do it as a condition to the adoption.

I have offered to send back to him the support I receive, but he said that wasn't good enough. He wants it all dropped and wants reimbursed the CS I received from the date he signed the consent or he will revoke said consent. I also read it as he only had 20 days from the date he signed it to change his mind. Am I way off base?

 

[CSO286]

Thank you for your quick replies!

I'm not on any public assistance, but she does have a KY medical card under a Home & Community Based Waiver for disabled children. I am willing to stop the current CS order and waive arrearages if I can. In the consent it states:

"4. That I have not been given and/or promised anything of value in return for my consent herein"

I would think that waiving arrearages would fall under "anything of value". Once the adoption is final, I plan to waive them if I can. I understood it to mean that I can't do it as a condition to the adoption.

I have offered to send back to him the support I receive, but he said that wasn't good enough. He wants it all dropped and wants reimbursed the CS I received from the date he signed the consent or he will revoke said consent. I also read it as he only had 20 days from the date he signed it to change his mind. Am I way off base?

I'm trying to find the actual form for the consent. Do you have a copy of it? It would read "DPP-(3 numbers)" in the upper left hand corner. Then we could give you a definitive answer.

 

[Ohiogal]

When was the placement approved? That is NOT the same as the adoption being finalized. It could be when CSB or whoever sends in their homestudy.

 

[Zigner]

I will step back and state that the law seems to read that it's the later of 20 days after the consent is signed or the adoption is final.

This would mean that (as an example) if the father signs the day before the adoption is finalized, he's got 20 days from the date he signs. If he signs 3 months before it's finalized, then he's got up until the date it's finalized.

 

[Zigner]

When was the placement approved? That is NOT the same as the adoption being finalized. It could be when CSB or whoever sends in their homestudy.

There is no "placement"

 

[CSO286]

I will step back and state that the law seems to read that it's the later of 20 days after the consent is signed or the adoption is final.

This would mean that (as an example) if the father signs the day before the adoption is finalized, he's got 20 days from the date he signs. If he signs 3 months before it's finalized, then he's got up until the date it's finalized.

I'm digging through the statutes, too, Zig......If I could find the actual form the biological father signs, I'm optimistic it would clarify things.

 

[usound76]

There is no DPP--- on the form, it is titled "Voluntary and Informed Consent to Adoption and Entry of Appearance" We did not require a homestudy. Me, my husband, and my daughter had to meet with a CHFS social worker since this was a step-parent adoption. That meeting took place August 28th. We are waiting for their report to go to the court so a final court date can be scheduled. The social worker told us that she was going to recommend the adoption move forward since there was an obvious bond between my daughter and my husband. Both consents (mine and my ex's) had to be filed with the court before the CHFS meeting could even be scheduled.

 

[CSO286]

There is no DPP--- on the form, it is titled "Voluntary and Informed Consent to Adoption and Entry of Appearance" We did not require a homestudy. Me, my husband, and my daughter had to meet with a CHFS social worker since this was a step-parent adoption. That meeting took place August 28th. We are waiting for their report to go to the court so a final court date can be scheduled. The social worker told us that she was going to recommend the adoption move forward since there was an obvious bond between my daughter and my husband. Both consents (mine and my ex's) had to be filed with the court before the CHFS meeting could even be scheduled.

What exactly does your form read? I'm copying from another state but your biological parent consent for should have language that similar to this:

5. I understand that I may, for any reason, withdraw this consent to adoption within the next ten
(10) working days from the date this consent is signed by me.


6. I further understand that if I decide to withdraw my consent to this adoption, my withdrawal
of my consent must be in writing and must be received by the Court at the following address
no later than the tenth (10th) working day following the date upon which this consent is signed
and acknowledged: [name of county] County District Court
located at [street address],
in the City of , and State of Minnesota, Zip Code
[zip code].


7. I understand that my consent will become irrevocable on the day following the tenth (10th)
working day from the date this consent is signed and acknowledged, unless a Court later rules
in writing that consent was obtained by fraud.


PARENTAL RIGHTS NOTICE
PETITIONER WILL SUBMIT YOUR CONSENT TO ADOPTION TO THE COURT. THE
CONSENT ITSELF DOES NOT TERMINATE YOUR PARENTAL RIGHTS. PARENTAL
RIGHTS TO A CHILD MAY BE TERMINATED ONLY BY AN ADOPTION DECREE OR BY
A COURT ORDER TERMINATING PARENTAL RIGHTS. UNLESS THE CHILD IS
ADOPTED OR YOUR PARENTALRIGHTS ARE TERMINATED, YOU MAY BE ASKED
TO SUPPORT THE CHILD.

 

[LdiJ]

What exactly does your form read? I'm copying from another state but your biological parent consent for should have language that similar to this:

It sounds to me like a form was not used. It sounds to me like an attorney drew up the paperwork.

 

[CSO286]

It sounds to me like a form was not used. It sounds to me like an attorney drew up the paperwork.

That's what I'm thinking, but still there should be similar language in there.