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Reversing a step parent adoption, pt 2.

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noob4ever

Junior Member
What is the name of your state (only U.S. law)? AL

Holy crap my other thread went nuts...any way, I am interested in reversing the decision to sign over my rights to my son because I want to see him again.

So here are a few facts:

1) The mother was cheating on her husband but kept him around long enough to sign the papers to adopt my son, and then dumped him a few weeks later.

2) I was medically impaired. Very extreme almost unique circumstance. I have a tumor located on the part of the brain that is responsible for weighing the consequences of decisions (I can prove this with extensive medical records). I was under added stress due to being unable to work at the time and the police were after me for child support, and this led to extreme added stress.

My argument was that I was not legally able to enter into a contract at the time. Ok there are a couple facts, not a few, but what do you think?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? AL

Holy crap my other thread went nuts...any way, I am interested in reversing the decision to sign over my rights to my son because I want to see him again.

So here are a few facts:

1) The mother was cheating on her husband but kept him around long enough to sign the papers to adopt my son, and then dumped him a few weeks later.
Irrelevant.

2) I was medically impaired. Very extreme almost unique circumstance. I have a tumor located on the part of the brain that is responsible for weighing the consequences of decisions (I can prove this with extensive medical records). I was under added stress due to being unable to work at the time and the police were after me for child support, and this led to extreme added stress.

My argument was that I was not legally able to enter into a contract at the time. Ok there are a couple facts, not a few, but what do you think?


You need an ATTORNEY.
 

cbg

I'm a Northern Girl
Your first point is absolutely irrelevant to your position. Don't even go there.

If you are going to have any chance of this working at all, it's going to be based on your second point and your second point ONLY. This is NOT a do-it-yourself project. If you attempt to do with without an attorney You. Will. Fail. You do not have any guarantee of success WITH an attorney - WITHOUT is a guaranteed no-go.

I won't even go into the question of whether upheaving the child's perception of who his parents are, is a good idea. But either leave point number 1 alone and deal exclusively WITH an attorney on point number 2, or give up the whole idea.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? AL

Holy crap my other thread went nuts...any way, I am interested in reversing the decision to sign over my rights to my son because I want to see him again.

So here are a few facts:

1) The mother was cheating on her husband but kept him around long enough to sign the papers to adopt my son, and then dumped him a few weeks later.

2) I was medically impaired. Very extreme almost unique circumstance. I have a tumor located on the part of the brain that is responsible for weighing the consequences of decisions (I can prove this with extensive medical records). I was under added stress due to being unable to work at the time and the police were after me for child support, and this led to extreme added stress.

My argument was that I was not legally able to enter into a contract at the time. Ok there are a couple facts, not a few, but what do you think?
We gave you legally accurate information in your prior thread.

While the pressure was there to pay for your child support, you benefited from signing over the rights to allow your ex's then husband to adopt your child. It wasn't enough of a concern for you to hesitate signing your rights over at that time, and you had the faculties to make the choice to give up all rights to your child in trade for getting rid of that support obligation. If you had ANY concerns about your ability to make a rational and informed decision due to your "extreme medical circumstances", you should have said "NO, I'm not thinking clearly" and refused to sign the papers.

The change in circumstances with your ex-wife and her now ex-husband makes ABSOLUTELY NO DIFFERENCE in your situation. Your request comes from a place of regret, because you are now realizing the consequences of your choices. You got what you wanted - you got permanent relief from any further child support obligations.

I don't think you have a snowball's chance in hell of regaining your parental rights. Any chance you may have would be best discussed with an attorney, but be prepared to pay tens of thousands of dollars in legal fees to do it, and that's whether you are successful or not.
 

Just Blue

Senior Member
As I stated in a VM to you I apologize for an part I played in the other thread.
That being said I agree with Pro that an attorney is your best bet and best option. If what you are saying is true, you may have grounds for your case.
 

Proserpina

Senior Member
I agree with the above.

And honestly - unless this adoption was very (and I mean VERY) recent, I don't think OP has a snowball's chance in Hades of having it overturned.

But, weirder things have happened (although rarely without either an attorney or physician present ;) )
 

Ladyback1

Senior Member
If you had ANY concerns about your ability to make a rational and informed decision due to your "extreme medical circumstances", you should have said "NO, I'm not thinking clearly" and refused to sign the papers.
Playing devil's advocate: Could it be possible that OP did not realize he was incapable of making rational and informed decisions until AFTER the fact?

My question is: What is in the best interest of the child? How difficult and traumatizing for the kiddo to be placed in the situation that the OP is wanting to create?
 

Proserpina

Senior Member
Playing devil's advocate: Could it be possible that OP did not realize he was incapable of making rational and informed decisions until AFTER the fact?

My question is: What is in the best interest of the child? How difficult and traumatizing for the kiddo to be placed in the situation that the OP is wanting to create?

We need a timeline.

:cool:

(And goshdarn, aren't those the rarest of things here lately? :eek: )
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? AL

Holy crap my other thread went nuts...any way, I am interested in reversing the decision to sign over my rights to my son because I want to see him again.

So here are a few facts:

1) The mother was cheating on her husband but kept him around long enough to sign the papers to adopt my son, and then dumped him a few weeks later.

2) I was medically impaired. Very extreme almost unique circumstance. I have a tumor located on the part of the brain that is responsible for weighing the consequences of decisions (I can prove this with extensive medical records). I was under added stress due to being unable to work at the time and the police were after me for child support, and this led to extreme added stress.

My argument was that I was not legally able to enter into a contract at the time. Ok there are a couple facts, not a few, but what do you think?
Section 26-10A-25
Final decree; dispositional hearing.

(a) When the pre-placement investigation has been completed and approved or the investigation has been waived for good cause shown, the petition for adoption shall be set for a dispositional hearing as soon as possible or no later than 90 days after the filing of the petition. When there has not been a pre-placement investigation or the investigation has not been waived for good cause shown or when the adoptee is a special needs child, the petition for adoption shall be set for a dispositional hearing as soon as possible or no later than 120 days after the filing of the petition. Upon good cause shown, the court may extend the time for the dispositional hearing and entry of the final decree.

(b) At the dispositional hearing, the court shall grant a final decree of adoption if it finds on clear and convincing evidence that:

(1) The adoptee has been in the actual physical custody of the petitioners for a period of 60 days, unless for good cause shown, this requirement is waived by the court;

(2) All necessary consents, relinquishments, terminations, or waivers have been obtained and, if appropriate, have been filed with the court;

(3) Service of the notice of pendency of the adoption proceeding has been made or dispensed with as to all persons entitled to receive notice under Section 26-10A-17;

(4) All contests brought under Section 26-10A-24 have been resolved in favor of the petitioner;

(5) That each petitioner is a suitable adopting parent and desires to establish a parent and child relationship between himself or herself and the adoptee;

(6) That the best interests of the adoptee are served by the adoption; and

(7) All other requirements of this chapter have been met.

(c) The court shall enter its finding in a written decree which shall also include the new name of the adoptee, and shall not include any other name by which the adoptee has been known or the names of the natural or presumed parents. The final decree shall further order that from the date of the decree, the adoptee shall be the child of the petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10A-29.

(d) A final decree of adoption may not be collaterally attacked, except in cases of fraud or where the adoptee has been kidnapped, after the expiration of one year from the entry of the final decree and after all appeals, if any.
(Acts 1990, No. 90-554, p. 912, §25.)
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-25.htm
 

LdiJ

Senior Member
d) A final decree of adoption may not be collaterally attacked, except in cases of fraud or where the adoptee has been kidnapped, after the expiration of one year from the entry of the final decree and after all appeals, if any.
(Acts 1990, No. 90-554, p. 912, §25.)
I sure would like to know the timeline as well. If there is any chance that the adoption was never finalized that would change the picture.
 

TheGeekess

Keeper of the Kraken
Section 26-10A-11
Consent or relinquishment.

(a) A consent or relinquishment shall be in writing, signed by the person consenting or relinquishing, and shall state the following:

(1) The date, place, and time of execution.

(2) The date of birth or if prior to birth expected date of birth of the adoptee and any names by which the adoptee has been known.

(3) The relationship of the person consenting or relinquishing to the adoptee.

(4) The name of each petitioner, unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent contains a statement that the person executing the consent knows that he or she has a right to know the identity of each petitioner but voluntarily waives this right.

(5) That the person executing the document is voluntarily and unequivocally consenting to the adoption of the named adoptee.

(6) That by signing the document and subsequent court order to ratify the consent, the person executing the document understands that he or she will forfeit all rights and obligations; that he or she understands the consent or relinquishment and executes it freely and voluntarily.

(7) That the person executing the document understands that the consent may be irrevocable, and should not execute it if he or she needs or desires psychological or legal advice, guidance, or counseling.


(8) The address of the court in which the petition for adoption has been or will be filed, if known, and if not known, the name and address of the agency, the petitioners or their attorney on whom notice of the withdrawal of consent may be served.

(9) In the case of relinquishment, the name and address of the agency to which the adoptee has been relinquished.

(10) That the person executing the same has received or been offered a copy of the consent or relinquishment.

(11) That the person executing a relinquishment waives further notice of the adoption proceeding.

(12) That the person executing a consent waives further notice of the adoption proceedings, unless there is a contest or appeal of the adoption proceeding.

(b) When the person sought to be adopted is an adult, only the sworn, written consent of the adult person sought to be adopted shall be required and no order of reference or any home studies need be issued. If the adult person to be adopted has been adjudicated incompetent, the written consent of the adult person's guardian or conservator shall be required. If the adult person is without a spouse, guardian, or conservator and the court has reason to believe that the adult person is incompetent to give consent, the court shall appoint a guardian ad litem who shall investigate the adult person's circumstances and that guardian ad litem shall give or withhold consent. The guardian ad litem shall file a written report stating the basis for the decision and the court shall afford a hearing to all parties to present evidence as to the best interest of the adult person, and if the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incompetent adult person, it may proceed to make any other orders it deems necessary for the adult person's welfare, including granting the petition for adoption.
(Acts 1990, No. 90-554, p. 912, §11; Acts 98-101, p. 118, §1.)
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-11.htm
 

TheGeekess

Keeper of the Kraken
Section 26-10A-13
Time of consent or relinquishment; filing with court.

(a) A consent or relinquishment may be taken at any time, except that once signed or confirmed, may be withdrawn within five days after birth or within five days after signing of the consent or relinquishment, whichever comes last.

(b) Consent or relinquishment can be withdrawn if the court finds that the withdrawal is reasonable under the circumstances and consistent with the best interest of the child within 14 days after the birth of the child or within 14 days after signing of the consent or relinquishment, whichever comes last.


(c) All consents or relinquishments required by this act shall be filed with the court in which the petition for adoption is pending before the final decree of adoption is entered.
(Acts 1990, No. 90-554, p. 912, §13.)
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-13.htm

Section 26-10A-14
Withdrawal of consent or relinquishment.

(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except:

(1) As provided in Section 26-10A-13; or

(2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of a petitioner or his or her agent or the agency to whom or for whose benefit it was given. After one year from the date of final decree of adoption is entered, a consent or relinquishment may not be challenged on any ground, except in cases where the adoptee has been kidnapped.


(3) Upon dismissal of the adoption after a contested hearing as provided in Section 26-10A-24.

(b) The withdrawal of consent or relinquishment as provided in Section 26-10A-13(a) shall be effected by the affiant signing and dating the withdrawal form provided pursuant to Section 26-10A-12(c) or other written withdrawal of consent containing the information set forth in Section 26-10A-12(c), and by delivering the withdrawal to the court or having the withdrawal postmarked within five days of the child's birth or of signing the consent or relinquishment, whichever comes last.

(c) The petition to withdraw consent or relinquishment must be in writing, signed by the person seeking to withdraw the consent or relinquishment, dated, and signed by two witnesses.

(d) In adjudicating a petition to withdraw a consent or relinquishment, the person seeking to withdraw the consent or relinquishment shall establish the facts necessary to withdraw the consent or relinquishment by a preponderance of the evidence. The court shall not apply any presumption or preference in favor of the natural parents in reviewing an action brought under this section.

(e) If the court directs that the consent or relinquishment be withdrawn, the court shall order the minor restored to the custody of his or her parent or parents, the Department of Human Resources or a licensed child placing agency; otherwise, the court shall deny the withdrawal and declare that the consent or relinquishment is final and binding. Any order made by the court upon a petition to withdraw consent or relinquishment under this section shall be deemed a final order for the purpose of filing an appeal under Section 26-10A-26.
(Acts 1990, No. 90-554, p. 912, §14; Act 2002-417, p. 1061, §1.)
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-14.htm

Section 26-10A-26
Appeals.

(a) Appeals from any final decree of adoption shall be taken to the Alabama Court of Civil Appeals and filed within 14 days from the final decree.

(b) An appeal from any final order or decree rendered under this chapter shall have priority in all courts and shall have precedence over all other matters, except for other matters which have been given priority by specific statutory provision or rule of court. The trial court may enter further orders concerning the custody of the adoptee pending appeal.

(c) If an order, judgment, or decree rendered under this chapter is appealed, the party who files the appeal shall cause notice of the appeal to be transmitted to all persons entitled to receive notice pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment has been implied under Section 26-10A-9 or whose consent or relinquishment is not required under Section 26-10A-10. Such notice of appeal shall set forth the pendency of the appeal and the right of interested parties to be heard. The notice shall not identify by name the party filing such appeal, unless the appellant is unrepresented, but shall specify the identity of the court in which the appeal is pending, the docket number of the petition, the general nature of the appeal, and the name, address, and telephone number of the attorney who has filed the petition. The caption of an appeal shall show only the initials of the adoptee's birthname. Only the initials of the natural parents and the petitioner shall be indicated in all pleadings and briefs.
(Acts 1990, No. 90-554, p. 912, §26.)
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-26.htm
 
Last edited:

CJane

Senior Member
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-13.htm


http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-14.htm


http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-10A-26.htm
So... like he was told originally... because this was a voluntary relinquishment, he has no recourse NOW. Even if.

And I still stand by what I told him in the first response to his other thread. EVEN IF mental imcompetence was a way to reverse -- he'd have to prove he WAS incompetent but ISN'T ANYMORE.
 

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