Step Parent Adoption

[semosgeorge]

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

My wife adopted my daughter when my daughter's biological mother terminated her parental rights. This was about 9 months ago. I was only married to my wife for about 6 months at the time the adoption was finalized. My wife and I are now getting a divorce after 1 year and 3 months of marriage and she has stated she seeks joint custody with my daughter residing with me, but with 3 days a week visitation. I'm not comfortable with this.. I have a couple questions. Question #1: I had sole custody of my daughter before the adoption, did that status change to joint custody after my wife adopted her? or did my sole custody of my daughter still remain? Sorry..it may be a dumb question..just never thought to ask the lawyer about this at the time. Question #2: My daughter's biological mother is now claiming she was coerced into signing away her parental rights, which is bull, but she has cited an Oregon rule that states that she is supposed to have an attorney (for her) present when she signed the certificate of irrevocability. She did not have one present, although she was not pressured..she brought the idea to us, because she was looking at paying more child support than she wanted to. Is this grounds for voiding the adoption? Thanks in advance!What is the name of your state (only U.S. law)?

[Silverplum]

Originally Posted by semosgeorge

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

My wife adopted my daughter when my daughter's biological mother terminated her parental rights. This was about 9 months ago. I was only married to my wife for about 6 months at the time the adoption was finalized. My wife and I are now getting a divorce after 1 year and 3 months of marriage

Wowza.
And I'm surprised you were allowed to conduct this adoption with a mere 6 months of marriage.

Originally Posted by semosgeorge

and she has stated she seeks joint custody with my daughter residing with me, but with 3 days a week visitation. I'm not comfortable with this..

I wonder why you aren't?
I think you're getting a great offer.

Originally Posted by semosgeorge

I have a couple questions. Question #1: I had sole custody of my daughter before the adoption, did that status change to joint custody after my wife adopted her? or did my sole custody of my daughter still remain? Sorry..it may be a dumb question..just never thought to ask the lawyer about this at the time.

Your whole "custody" thing went out the window with the adoption. "Custody" was between you and bio-mom before the adoption.
Then, after the adoption, there were just two parents living with their child.
Now, with the NEW divorce, there will be custody issues again.

Don't even try to bring up your wife's adoptive status, as if it were less than your biological status. It's not.

Originally Posted by semosgeorge

Question #2: My daughter's biological mother is now claiming she was coerced into signing away her parental rights, which is bull, but she has cited an Oregon rule that states that she is supposed to have an attorney (for her) present when she signed the certificate of irrevocability. She did not have one present, although she was not pressured..she brought the idea to us, because she was looking at paying more child support than she wanted to. Is this grounds for voiding the adoption? Thanks in advance!What is the name of your state (only U.S. law)?

It can be.
Depends upon the judge.
Depends upon how the adoption was handled.
Depends upon whether or not there is/was a "rule." I'm not going to go research OR adoption law. Your attorney should have handled this properly.

[LdiJ]

I think that this thread should be required reading for anyone contemplating allowing their spouse to adopt their child, or anyone considering allowing their ex's spouse to adopt their child to get out of child support, or to any potential adoptive stepparent.

This is a prime example of an adoption that never should have happened.