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 01-11-2006, 08:27 PM
Junior Member
 
Join Date: Jan 2006
Posts: 1

Reversed adoption?


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.
  #2  
Old 01-11-2006, 10:50 PM
scaredandalone
Guest
 
Posts: n/a

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.
  #3  
Old 01-13-2006, 12:08 PM
Senior Member
 
Join Date: May 2005
Posts: 7,062
Quote:
Originally Posted by scaredandalone
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?
__________________
Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult.

Carpe Ominous
  #4  
Old 01-13-2006, 12:13 PM
Senior Member
 
Join Date: Feb 2005
Posts: 1,437
Quote:
Originally Posted by ceara19
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.
  #5  
Old 01-13-2006, 01:25 PM
Senior Member
 
Join Date: May 2005
Posts: 7,062
Quote:
Originally Posted by bononos
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.
__________________
Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult.

Carpe Ominous
  #6  
Old 01-13-2006, 01:31 PM
Senior Member
 
Join Date: May 2004
Posts: 41,303
Quote:
Originally Posted by ceara19
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.
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 01:53 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.