Biological mother is threatening us?

Question

We adopted siblings, one at birth and the other was 4 yrs old. This was approx 5 years ago. Out of the blue, with no contact in 5 years, the biological mother called tonight and threatened that she was going to take us back to court becaus those are HER children..yes the ones that she signed her rights away to. Does she have any legal standings? And I am concerned about her mentality..the safety of my children. I have already contacted the school, and family memebers and neighbors to keep a watch out of suspicious activity in our neighborhood..should I contact the police as well? Get a restraining order?? I am currently out of town on business while this is all going on at my home, and I am at my witts end..

Answer 1

i would do whatever you feel you need to do to ensure your childrens safety. if that means you need to contact the police then do so.

she has no standing. if she gave away her rights then she has no legal standings. especially if she hasn't had ANY contact...then what would she have to stand on?

so dont worry about it at all....i mean her being able to take you to court.

i would take whatever precautions you need to take so that you can feel ok with your kids being at home. if that means getting the police involved--DO IT! you can never be to careful with a childs life.

Answer 2

I would get a restraining order to be on the safe side and contact an attorney with experience in adoption cases. You may also want to look for a good child therapist as this may cause some confusion and conflict within the children. Do not think this is an issue you can conceal from them...my bet is if there has been frenzied phone calls and lots of discussions, the nine year old already knows something is up and a general idea of what, but since he/she may only know bits and pieces is probably very confused and scared. Make it clear to the school that no one is allowed to take them from the school unless they are one the release list and must present ID before the children are released. Same goes for any daycare or after school programs. I would also suggest changing your home phone number (unlisted) and making sure your cell numbers are unlisted as well. It may sound extreme, but this will help minimize the risk of her coming in contact with the children.

Answer 3

Great job contacting the school, family, and neighbors. That is a little thing that so many ppl in your kind of a situation forget to do. (Had to do it for my children because of my ex-husband.) She gave up her rights and you have legally adopted them. There is nothing she can do. It is done and has been for what sounds like a pretty long time. The only thing left that she can do is harass you. I would contact the police however tell them what is going on. If she ever gives you a reason to think that she might come to your home to take your children or for any other reason, you can always re-contact the police and they can run extra patrols around your house for a couple of weeks. Just to also be looking for anything out of the ordinary. (also had to do becasue of my ex)Keep your head up and your eyes open. But don't worry she cannot take them back from you they are YOUR kids now not hers.

Answer 4

She would have a very hard time getting her rights back. It would have to be an extreme case, like say she was under duress or forced to sign the papers. But the fact that she waited 5 years is a big black mark in her case. So far you are doing the right thing. I agree with others to notify the authorities and get a restraining order against her. And I would call a lawyer and let them know your story for the just in case scenario.

Answer 5

Definitely alert the police to the situation. You taking action to protect your children (Yes, YOUR children!) will look good if this has to go to court.

But if she signed all her rights away, then I don't believe she has any legal standing at all. In fact, I don't think she even has the right to SEE your kids. She is not technically a parent or a legal guardian, so she cannot make any demands.

I would call the authorities anyway - especially since you are out of town. Better safe than sorry.

Answer 6

Yes you should definitley call the cops! You cant really go wrong w/ that..at least they will have a report and can keep a look out for any strange activity if shes stupid enought to try anything...and maybe even get a restraining order just to make sure she doesnt come near you or your children...It will give you somewhat of an assurance that they are safe!

Answer 7

Well, once you sign your rights away, it's even harder to reverse than a vasectomy... the courts take it very seriously.

If you're really concerned, you have the right to ask an officer to come to your home, but I'm not sure that the police can do anything unless she actually does something inappropriate. But it was a good idea to let the school, etc., know what to expect.

Good luck with everything!

Answer 8

if her rights were terminated and you have a finalized adoption on them...definitely get a restraining order. If all this was done then she has no legal standings. She had a waiting period after her termation to change her mind and she obviously didn't.

Answer 9

the courts would see she has a problem. she signed them over and now wants them back, how selfish not regarding the childrens feelings in this.
she has no leg to stand on . get a restraining order and ask as many questions as you can

Answer 10

did you know her personally? if not you need to contact the ppl who put the children in your custody if nothing else they can tell you what step to take next. if you knew her personally and there was no third party then i would contact the police and keep a written record of when she makes the calls what she says and the number she called from.