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Reversed adoption?

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LTM808

Junior Member
What is the name of your state?What is the name of your state? Hawaii
Can an adoption be reversed once natural father gives up his parental rights? I am in the process of a divorce (been married for over 5 years) and my soon to be ex-husband would rather much not be involved in my son's life. Don't ask me why, but regardless, natural father wants his rights back. I've searched for resources on this topic and no luck there in finding out what I want. If anyone has any info or someone I can contact in my situation, it would greatly be appreciated.
 


S

scaredandalone

Guest
ex cant get rights back unless you two marry and he adopts

the only way your ex can get his parental rights back is if you and he remarry, and your stbx, as the child's legal father, agrees to let him adopt the child.untill and unless that happens, your stbx is legally obligated to support this child wether he wants to or not. he doesnt have to visit the child, but he will have to pay child support.
 

ceara19

Senior Member
scaredandalone said:
the only way your ex can get his parental rights back is if you and he remarry, and your stbx, as the child's legal father, agrees to let him adopt the child.untill and unless that happens, your stbx is legally obligated to support this child wether he wants to or not. he doesnt have to visit the child, but he will have to pay child support.
If the LEGAL dad and mom AGREE to let BIODAD adopt the kid, why do they HAVE to get married again?
 

bononos

Senior Member
ceara19 said:
If the LEGAL dad and mom AGREE to let BIODAD adopt the kid, why do they HAVE to get married again?
Bio-dad or not, he is now a legal stranger. Being Bio-dad has nothing to do with it.
 

ceara19

Senior Member
bononos said:
Bio-dad or not, he is now a legal stranger. Being Bio-dad has nothing to do with it.
I understand that. The thing is, most courts won't allow a TPR unless a person is ther to adopt the kid, which is usually a step-parent. As to him being a stranger, legally, I would think the judge could look at the fact he is the bio dad as a FACTOR in the case. Judges pretty much get to decide wht they will allow and what they won't in family court manors.
 

LdiJ

Senior Member
ceara19 said:
I understand that. The thing is, most courts won't allow a TPR unless a person is ther to adopt the kid, which is usually a step-parent. As to him being a stranger, legally, I would think the judge could look at the fact he is the bio dad as a FACTOR in the case. Judges pretty much get to decide wht they will allow and what they won't in family court manors.
The problem is, that unless the bio dad is married to the mom, any adoption by the bio dad would terminate MOM's parent rights as well as legal dad's. Because bio-dad would be adopting as a single parent.

However, there may be some mechanism that I am unaware of, that would allow it to happen. They need to consult a local adoption attorney.
 

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