I need some resources on a Divorce issue. My friend is going through a divorce her biological child was adopted by her husband a couple years ago. Now they are getting a divorce she does not want anything from him no child support or alimony just wants to end it. Her question is #1 can she change the childs last name back to her meaden name if so how can she do that. #2 is there anyway to revoke the adoption. If you guys can also give me resourses (website) on where to find this info so i can print it out.
Thank You
David
2007-04-24 01:17:42 · 5 answers · asked by David D 1 in Family & Relationships ➔ Marriage & Divorce
She is getting an attorney but we are trying to find information before she starts the process
2007-04-24 01:22:45 · update #1
There’s no such thing as being half-adopted (although I know you mean one biological parent and one non-biological parent).
If the adoption was legally done (and I assume it was) then you can’t revoke it. Adoptive Dad is legal Dad and he has all the rights and responsibilities of a legal/biological father. He has the right to petition for custody/visitation and he has the legal responsibility to pay child support. Of course, she doesn't have to accept child support (as long as she's supporting the child *herself*--ie not receiving help from the taxpayers), but that does not affect his right to seek custody/visitation.
And, no, she can’t change the child’s name without Dad’s (that’s adoptive/legal Dad’s) permission.
This is one of the ‘possible future problems’ that you face when you allow a stepparent adoption. In all likelihood, there’s NOTHING at all she can do. But, she should certainly talk to a local attorney about it.
2007-04-24 01:33:29 · answer #1 · answered by kp 7 · 2⤊ 0⤋
The adoptive father has to sign over all his rights to the child in order for the adoption to be revoked.
As far as her not wanting any financial aid, that's her call.
Let the lawyers handle this. Those guys know the loopholes way better than the average layman.
2007-04-24 08:22:10 · answer #2 · answered by Ella 7 · 0⤊ 2⤋
You cannot revoke an adoption, he would have to sign away his rights and the childs name would need to legally changed to her mothers name or in this case the mothers maiden name.
2007-04-24 08:45:51 · answer #3 · answered by hi_stk_n 3 · 0⤊ 1⤋
Forget websites. This is too important for an amateur. You have to get an attorney.
2007-04-24 08:21:04 · answer #4 · answered by luckford2004 7 · 1⤊ 0⤋
this child is hers and he can't get that child only if she is dead, sick in the head,jailed
druggie and you can prove it,or mental retarded and can't really do for that child.
if he fight her anyway, he can and only if he wins, make her pay child support and him alimony and then some.
this can go on and on..............
2007-04-24 08:25:37 · answer #5 · answered by DENISE 6 · 0⤊ 3⤋