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Old 10-23-2006, 09:20 PM
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Can biological father get custody of daughter adopted by stepfather back???


What is the name of your state? OREGON
My husband gave up his rights to his children 3 years ago when he fell behind in child support payments and ex-wife and new husband told him they would cover all back child support if he would allow the new husband (step-dad) to adopt their three children legally, in addition they promised and put in righting they would still allow him all visitation rights he had in the original divorce decree. He agreed, feeling he had no other choice at the time and things went on, he still sees the kids every other weekend, etc., etc., his oldest daughter is now 15 and having EXTREME difficulties with her mother, it has become so bad that there has been violence, fist fighting, verbal abuse, and most recently an episode where a knife was pulled and the mother threw a jar of mayonaise at the daughter hitting her in the head, the daughter left the house and went to her grandmas, not returning to the home for over a week, during this time the mother claimed to have disowned her, yet now she is demanding the daughter come back home and is asking my husband for his help in getting her there. We know she (biological mom) has an alcohol problem as well as a eerily similar past with her own mother, it is history repeating itself and it is frightening! She (the daughter) desperately wants to come live with her biological dad and me, and started talking about becoming emancipated.. i read up on OR law and realized that would not be an option for her. A few weeks ago, before this latest episode her mother called me and asked if we would consider having the daughter come live with us for a while as she was out of control, that maybe coming to us would help her..... My husband (biological dad) is just sick over the whole thing and so desperately wants to get his daughter back and we would like to know if he could EVER retain his parental rights/ custody of his daughter, even though she has been legally adopted by the step-dad. If so what would the process be? Would we have to prove the mother is an unfit mother? Would the daughter have the right to stand up in court and state her wishes or is it all futile because LEGALLY he gave up his rights? Any information on this would be so appreciated!

Thanks.What is the name of your state?
  #2  
Old 10-23-2006, 11:45 PM
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Your husband is no longer the child's father. When the girl is 18, she could have herself adopted, but that would also mean her mother is no longer her mother.
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