Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Adoption

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-25-2009, 10:48 AM
Junior Member
 
Join Date: Jun 2009
Posts: 2
Question

complicated question


What is the name of your state (only U.S. law)? Texas

my nephews were adopted 14 years ago by there stepfather.
just recently my oldest nephew contact us. (me and my brother)
his mom allowed him to visit with us and invited us to her house.
this was 3 months ago. In those 3 months she has been to my house and my brothers house just about every other weekend with the boys.
we have taken trips to the beach together, celebrated fathers day and so on.

(She is now divorced from there adopted step dad. and he doesnt pay child support nor does he visit.)

My question is.....I do believe this legal adoption is still in effect.
1. What can legally be done to my brother and I at this point since we have had contact with the boys.
2. Are there any circumstances that void an adoption?
3. Is there any legal standing she can still have over the boys and have my brother arrested for contact with the boys?
4. is there anything my brother can do at this point to re-instate his legal parentage over his sons? (for things like medical and school?)

Thank you for your time in this matter.
  #2  
Old 06-25-2009, 02:41 PM
Senior Member
 
Join Date: Aug 2004
Location: Central Florida
Posts: 4,643
Quote:
Originally Posted by rcvela001 View Post
What is the name of your state (only U.S. law)? Texas

my nephews were adopted 14 years ago by there stepfather.
just recently my oldest nephew contact us. (me and my brother)
his mom allowed him to visit with us and invited us to her house.
this was 3 months ago. In those 3 months she has been to my house and my brothers house just about every other weekend with the boys.
we have taken trips to the beach together, celebrated fathers day and so on.

(She is now divorced from there adopted step dad. and he doesnt pay child support nor does he visit.)

My question is.....I do believe this legal adoption is still in effect.
1. What can legally be done to my brother and I at this point since we have had contact with the boys.
2. Are there any circumstances that void an adoption?
3. Is there any legal standing she can still have over the boys and have my brother arrested for contact with the boys?
4. is there anything my brother can do at this point to re-instate his legal parentage over his sons? (for things like medical and school?)

Thank you for your time in this matter.
1. As long as the child's parents agree with contact, neither you nor your brother are doing anything wrong. However, if one or both parents decide there is to be no contact, you'll need to comply with thier wishes. if you don't, you could be in some trouble.

2. That question cannot be answered without knowing all of the exact details of the situation.

3. Same as #1. as long as Mom and dad agree, your brother cannot be arrested.

5. Your brother cannot regain his rights unless he adopts the child, and that would be very expensive and difficult to do even if both parents were to agree.
  #3  
Old 06-25-2009, 02:45 PM
Senior Member
 
Join Date: Mar 2009
Location: Weigh a pie...
Posts: 5,832
Quote:
Originally Posted by rcvela001 View Post
What is the name of your state (only U.S. law)? Texas

my nephews were adopted 14 years ago by there stepfather.
just recently my oldest nephew contact us. (me and my brother)
his mom allowed him to visit with us and invited us to her house.
this was 3 months ago. In those 3 months she has been to my house and my brothers house just about every other weekend with the boys.
we have taken trips to the beach together, celebrated fathers day and so on.

(She is now divorced from there adopted step dad. and he doesnt pay child support nor does he visit.)

My question is.....I do believe this legal adoption is still in effect.
1. What can legally be done to my brother and I at this point since we have had contact with the boys.
2. Are there any circumstances that void an adoption?
3. Is there any legal standing she can still have over the boys and have my brother arrested for contact with the boys?
4. is there anything my brother can do at this point to re-instate his legal parentage over his sons? (for things like medical and school?)

Thank you for your time in this matter.
If your brother terminated his rights, he doesn't have any legal parentage; they are no longer his sons.
__________________
*****************************


Cogitationis poenam nemo patitur

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo....and yes, I'm a child of Persephone
  #4  
Old 06-25-2009, 02:50 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,365
Quote:
Originally Posted by Gracie3787 View Post
1. As long as the child's parents agree with contact, neither you nor your brother are doing anything wrong. However, if one or both parents decide there is to be no contact, you'll need to comply with thier wishes. if you don't, you could be in some trouble.

2. That question cannot be answered without knowing all of the exact details of the situation.

3. Same as #1. as long as Mom and dad agree, your brother cannot be arrested.

5. Your brother cannot regain his rights unless he adopts the child, and that would be very expensive and difficult to do even if both parents were to agree.
I will agree with 1 through three IF the nephews are still minors. If the adoption was done 14 years ago there is a possibility that the nephews may be adults. As for five, adult adoptions are not as expensive and difficult if possible.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:09 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.