Tricked into Adoption?

[zander260]

North Carolina, Ok, my parents adopted my sisters kids when they were 2 and 3. Now 11 and 12 , my sister is claiming she didn’t know she was letting my parents adopt the boys. I think it’s odd that she waited for my dad to pass away to have this revelation. She’s already said if my mom doesn’t give her what she wants she going to take it to court and have the adoption overturned. Question is, would a judge actually believe a tail like that ? She was pushing 30 when the adoption took place so she knew exactly what she was doing.

 

[justalayman]

one would have to know all of the details of the situation that resulted in the adoption. Generally, the papers signed and the court hearings and proceedings in general make the adoption quite evident. She would be fighting a very steep uphill battle. The time since this took place alone would weigh very heavily against her.

Is it possible that your sister didn't have any choice in the matter? If the courts removed her rights against her desire and then blessed the adoption, she would be fighting the state that terminated her rights and not your mother who simply took the next step.

 

[nextwife]

So in what way did sister think she's been the legal parent all this time? Was she supporting the children, signing their enrollment forms, their health forms, taking care of their medical needs and expenses? How can she claim she has not known she wasn't the parent all this time?

What parently role was she serving?

 

[zander260]

So in what way did sister think she's been the legal parent all this time? Was she supporting the children, signing their enrollment forms, their health forms, taking care of their medical needs and expenses? How can she claim she has not known she wasn't the parent all this time?

What parently role was she serving?

No my parents supported the children. Since we live in a fairly small town the fact that my parent adopted the children wasn't common knowledge. Except for a few close family friends. They (mom dad and sis) didnt want the children to find out about the adoption until they were old enough to understand. She didn’t even live at the same residence. She had her own place and came/went as she pleased. She moved back in with my mom and the children after my father passed. I believe all this is coming from the fact that my mom finally had enough of her bullying tactics and made her get out and get her own place. She's ticked off since she can no longer mooch off my mom.

 

[Banned_Princess]

No my parents supported the children. Since we live in a fairly small town the fact that my parent adopted the children wasn't common knowledge. Except for a few close family friends. They (mom dad and sis) didnt want the children to find out about the adoption until they were old enough to understand. She didn’t even live at the same residence. She had her own place and came/went as she pleased. She moved back in with my mom and the children after my father passed. I believe all this is coming from the fact that my mom finally had enough of her bullying tactics and made her get out and get her own place. She's ticked off since she can no longer mooch off my mom.

Well, if she signed the adoption papers, I dont see how she is going to try to claim she didnt know.

plus the time to contest the whole matter is long gone, that might have been an option had she claimed that in less then 1 year or so. they are no longer your sisters kids, they are now her sisters and brothers.

 

[mistoffolees]

No my parents supported the children. Since we live in a fairly small town the fact that my parent adopted the children wasn't common knowledge. Except for a few close family friends. They (mom dad and sis) didnt want the children to find out about the adoption until they were old enough to understand. She didn’t even live at the same residence. She had her own place and came/went as she pleased. She moved back in with my mom and the children after my father passed. I believe all this is coming from the fact that my mom finally had enough of her bullying tactics and made her get out and get her own place. She's ticked off since she can no longer mooch off my mom.

It really doesn't matter what the rest of the town knows or doesn't know. The biological mother would have had to know when she signed the papers (or received court documents if the termination of rights was involuntary).

How about having her post her question - because I can virtually guarantee that there's information that you don't have.

 

[zander260]

one would have to know all of the details of the situation that resulted in the adoption. Generally, the papers signed and the court hearings and proceedings in general make the adoption quite evident. She would be fighting a very steep uphill battle. The time since this took place alone would weigh very heavily against her.

Is it possible that your sister didn't have any choice in the matter? If the courts removed her rights against her desire and then blessed the adoption, she would be fighting the state that terminated her rights and not your mother who simply took the next step.

She and her ex-husband both signed over their parental rights willing. Once that happened he was out of the picture. She was still around. We all got along great for awhile. With her new found "freedom" from responsibility she wanted to relive her life... Since that has hasn’t worked out as well as she would have liked she’s changing her tune. Someone has advised her that if she claims she was tricked or didn’t understand what she was doing at the time that the adoption could be overturned. It’s just odd that after 10 yrs she’s claiming she thought it was just guardianship not adoption. If it was just guardianship why have the kid last name changed , why have new SS #’s issued...

 

[TinkerBelleLuvr]

Have mom post here because she has the answers.

 

[mistoffolees]

She and her ex-husband both signed over their parental rights willing. Once that happened he was out of the picture. She was still around. We all got along great for awhile. With her new found "freedom" from responsibility she wanted to relive her life... Since that has hasn’t worked out as well as she would have liked she’s changing her tune. Someone has advised her that if she claims she was tricked or didn’t understand what she was doing at the time that the adoption could be overturned. It’s just odd that after 10 yrs she’s claiming she thought it was just guardianship not adoption. If it was just guardianship why have the kid last name changed , why have new SS #’s issued...

She signed the papers, claiming that she was tricked isn't going to fly, nor is claiming that she didn't understand. And, if she makes those claims fraudulently, she could go to jail for it.

Have your sister post here - there's more to the story than you know.