My husband adopted my son who was mine from a prior marriage. My son's father has been unsupportive and absent for most of my son's life. My husband has been a wonderful father to him.
At the time the adoption took place we agreed that my ex would still be able to be a part of our son's life, but we wanted to adoption to ensure that he would not be seperated from his sister in the event of my death- my husband would get custody of both.
After a few months, my ex husband started drinking again and we decided the risk to our son's emotional health was not worth it and we cut all ties. He is a very violent drunk.
My ex husband has quit drinking even if only temporarily and is saying he's getting a lawyer to reverse our adoption because we did not hold our end of the bargain up. There is nothing in writing about him being allowed to visit his son and he no longer has rights. Can he do this? We do not want to risk allowing him back into our son's life. He has messed up too much.
2007-03-14 08:24:46 · 6 answers · asked by i_just_wondering 1 in Politics & Government ➔ Law & Ethics
You cannot reverse an adoption. Your husband would have to relinquish his parental rights and your ex would have to start an adoption procedure. However, he cannot do that unless your husband cooperates. I've been a lawyer for 25+ years and I had one case where a young mother allowed her mother to adopt the baby. When the young mother matured and got married, her mother relinguished parental rights and the natural mother adopted her own daughter, but that was a very unusual and non-hostile family situation. Your ex doesn't have a prayer. Take the advice of the answerer who told you to make sure the Court knows about your ex's alcohol history.
2007-03-14 08:48:06 · answer #1 · answered by David M 7 · 3⤊ 0⤋
In order for your husband to adopt your son, your ex had to give up his parental rights in the first place (assuming you didn't show that he had deserted your son or that he was an unfit parent). Therefore you don't have any obligation to uphold any informal visitation agreements. He can't "reverse" an adoption. Your husband is now the father of your son and he would have to do something such as give up his rights as father, desert his son, or be an unfit father in order for anyone else to step in.
2007-03-14 09:03:53 · answer #2 · answered by tagosb 2 · 2⤊ 0⤋
I assume his parental rights were revoked or waived when the adoption was granted. He now would have to revoke the parental rights of of the adoptive father, or claim some sort of fraud in the adoption proceeding. That sounds like a very steep hill to try and climb, still he could bring the action.
2007-03-14 08:35:46 · answer #3 · answered by webned 6 · 3⤊ 0⤋
He can attempt it. All he will end up doing is wasting his money on legal fees and his time. If he has a record it will show up and any judge with a brain will laugh at him. He had to sign the adoption papers. That makes it legal and binding. My ex tried it but wasted his money and both of our time by going to court. Just make sure you attorney knows he drinks - even if he has quit drinking for now and how he acts when he has been drinking. If it goes as far as court your attorney may ask you to have people who know how he acts that can validate what your saying.
2007-03-14 08:36:30 · answer #4 · answered by misstigeress 4 · 2⤊ 1⤋
No. Once an adoption is final, there is no going back. He signed his rights away when he allowed the step-father to adopt.
2007-03-14 09:05:33 · answer #5 · answered by Starla_C 7 · 1⤊ 0⤋
You said there was no visitation in the papers? Then NO he cannot do anything. relax.
2007-03-14 08:29:48 · answer #6 · answered by Anonymous · 2⤊ 0⤋