Step-parent adoption with NCP consent

[usound76]

I typed in my first post exactly what the consent stated about revocation. It was drawn up by an attorney, as I also said in my first post. I can post more of the consent if needed. I know I should ask our attorney, but every communication we have with her cuts into our retainer. I was trying to save us some money by asking you good people. You have always helped me out in the past and figured you could help again. I don't mean that in a snarky way, I'm being really sincere

 

[Zigner]

I'm thinking that this is a good question to use a chunk of the retainer on...

 

[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 I understand that my consent to this adoption may be withdrawn only by written notification sent to the proposed adoptive parent, XXX, or the attorney for the proposed adoptive parent, XXX, on or before the twentieth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!

I typed in my first post exactly what the consent stated about revocation. It was drawn up by an attorney, as I also said in my first post. I can post more of the consent if needed. I know I should ask our attorney, but every communication we have with her cuts into our retainer. I was trying to save us some money by asking you good people. You have always helped me out in the past and figured you could help again. I don't mean that in a snarky way, I'm being really sincere

I didn't take it as snark.

So I reviewed your first post and now agree with Zig--The phrase "the later of" means the NCP can withdraw his consent up until the adoption is final.

Sorry Zigner!!

 

[Ohiogal]

I didn't take it as snark.

So I reviewed your first post and now agree with Zig--The phrase "the later of" means the NCP can withdraw his consent up until the adoption is final.

Sorry Zigner!!

It doesn't say adoption is final but PLACEMENT approval. That may be different. So the key is finding out how the law defines placement approval. And who has to approve -- the court? CSB/CPS? A social worker?

 

[CSO286]

It doesn't say adoption is final but PLACEMENT approval. That may be different. So the key is finding out how the law defines placement approval. And who has to approve -- the court? CSB/CPS? A social worker?

Wouldn't it be courts who issue the final "placement approval"?

CSB/CPS may say they have no objections to the adoption, but ultimately, the courts finalize the adoption placement.
Yes?

 

[Ohiogal]

Wouldn't it be courts who issue the final "placement approval"?

CSB/CPS may say they have no objections to the adoption, but ultimately, the courts finalize the adoption placement.
Yes?

They courts finalize the adoption. But placement approval may take place prior to that. MAY. I have not gotten into that law but this is something to definitely question her attorney about who is familiar with the law -- specifically that point. As you or Zigner stated.

 

[Ohiogal]

Found something:
http://www.lrc.ky.gov/kar/922/001/010.htm
Section 9. Final Decision Regarding Prospective Adoptive Home. (1) Upon completion of the home study of the proposed adoptive home, a proposed adoptive parent shall be notified by registered or certified mail of the decision of the secretary or designee, either granting or denying permission for the placement or receiving of the child.

(2) The child shall be placed in the home of the proposed adoptive parent immediately, if:

(a) The cabinet grants permission for the child’s placement; and

(b) The child is available for placement.

(3) If the permission is denied, the proposed adoptive parent or parents or the placing parent or parents may appeal the decision. If appealing, the proposed adoptive parent or parents or placing parent or parents shall, within ten (10) days after notice of denial, appeal the decision to the circuit court of the county in which the adoption is proposed in accordance with KRS 199.473(9).



Seems to be a secretary or caseworker after the homestudy but before the finalization of the adoption.

 

[Zigner]

Found something:
http://www.lrc.ky.gov/kar/922/001/010.htm
Section 9. Final Decision Regarding Prospective Adoptive Home. (1) Upon completion of the home study of the proposed adoptive home, a proposed adoptive parent shall be notified by registered or certified mail of the decision of the secretary or designee, either granting or denying permission for the placement or receiving of the child.

(2) The child shall be placed in the home of the proposed adoptive parent immediately, if:

(a) The cabinet grants permission for the child’s placement; and

(b) The child is available for placement.

(3) If the permission is denied, the proposed adoptive parent or parents or the placing parent or parents may appeal the decision. If appealing, the proposed adoptive parent or parents or placing parent or parents shall, within ten (10) days after notice of denial, appeal the decision to the circuit court of the county in which the adoption is proposed in accordance with KRS 199.473(9).



Seems to be a secretary or caseworker after the homestudy but before the finalization of the adoption.

I suspect there are different "rules" when it's a step-parent adoption.

 

[Ohiogal]

I suspect there are different "rules" when it's a step-parent adoption.

Again, don't care that much. She can ask her attorney as he should know immediately.

 

[Zigner]

Again, don't care that much. She can ask her attorney as he should know immediately.

Touché

 

[usound76]

Thank you all for your replies. I called the attorney and left a message. This evening, her father called and gave me until Friday to drop all support or he will revoke his consent. We'll see what happens.

 

[CSO286]

Thank you all for your replies. I called the attorney and left a message. This evening, her father called and gave me until Friday to drop all support or he will revoke his consent. We'll see what happens.

Maybe remind him that he's only hurting himself by revoking consent. He'll still be on the hook for all those arrears AND the ongoing support.

 

[single317dad]

Thank you all for your replies. I called the attorney and left a message. This evening, her father called and gave me until Friday to drop all support or he will revoke his consent. We'll see what happens.

Instruct him that all future communications regarding the adoption should be via your attorney, in writing. They'll have a field day with that kind of statement.

 

[usound76]

I spoke with the attorney today. She found his request to be absurd, especially this close to the end of the process. She advised me to remind him if he withdrawals consent, he will be responsible for continuing support and the arrearage (as CSO said). If he persists, give him her phone number and she will "deal with him". Other than that, leave it be. If he does intend to withdrawal consent, it must be in writing, sent to her certified mail & sent to my husband via regular mail. Telling her over the phone doesn't cut it.

I called him and reminded him of his continued support if he withdraws consent. He wasn't happy with that answer so I gave him her number. Who knows what will happen now.

 

[CSO286]

I spoke with the attorney today. She found his request to be absurd, especially this close to the end of the process. She advised me to remind him if he withdrawals consent, he will be responsible for continuing support and the arrearage (as CSO said). If he persists, give him her phone number and she will "deal with him". Other than that, leave it be. If he does intend to withdrawal consent, it must be in writing, sent to her certified mail & sent to my husband via regular mail. Telling her over the phone doesn't cut it.

I called him and reminded him of his continued support if he withdraws consent. He wasn't happy with that answer so I gave him her number. Who knows what will happen now.

Also, here's one last thing: He may be telling you he's going to revoke consent, but it's a whole other thing for him to actually do it. Relax and wait until you actually get served with his withdrawal.

Good luck. And keep us posted, hmm?