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adoption termination?

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leahf

Guest
What is the name of your state? Illinois

My fiance had adopted his ex-wife's son about 4 months after their marriage. At their one year anniversary they legally seperated and by the 2nd anniversary were divorced. This child was age 6 at adoption and is now 11. They have shared custody of the child who has now decided he wants only to live with his mother. She is asking for my fiance to terminate his rights and try to get the adoption terminated.

Can this be done? She is wanting her new husband to adopt the child.

Please help!!!
 


nextwife

Senior Member
Seems the mom has a history of wanting the child to change fathers whenever she changes realtionships!

HE is the legal father. He has every right to maintain a presence and involvement in his child's life. Just because she is now with a new guy does NOT mean that the child is no longer legally your fiancee's. HE needs to pursue all his paternal rights and protect his child's right to be with their father. YOUR fiancee IS the father, genes or no genes.

What does your fiancee want to do? My (adopted) daughter is my daughter forever. Nobody can tell me that I should all of a sudden walk away from her because THEY want me to.
 
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leahf

Guest
adoption termination

I understand that he should continue his paternal rights. The question still remains as to whether or not the adoption can be voided.

The situation around the adoption was that she was pregnant with their child and so they got married. It didn't even last a year before she was seeing someone on the side. After only a year of marrage they seperated and within the next year divorced.

She is pushing for the adopted son to live with her full time instead of the shared time that they have for both boys.

He is considering giving up full custody of the adopted son (11) in order to get full custody of his biological son (4 1/2).

Please let me know if there are any leagalities to terminating an adoption.
 

stealth2

Under the Radar Member
Re: adoption termination

leahf said:
He is considering giving up full custody of the adopted son (11) in order to get full custody of his biological son (4 1/2).
He should realize that there is no guarantee that he will get full custody of his bio-son. Courts tend to take a dim view of splitting up siblings. Bio-son or not - he is legally both childrens' father. What sort of impact will disposing of his brother have on the 4 1/2 yo?

Legally, if both parents agree to the TPR and there is someone willing to adopt the child, a court will generally allow it.

I personally feel sorry for the kid.
 

nextwife

Senior Member
So he wants to "trade" his adopted son for full rights to his other son?

No comment.

He needs a lawyer. You are looking for simulataneous terminations and step-adoptions- except you are not a step yet. Here is a summary of IL adoption laws:

http://www.adoptionsolutions.com/general/state laws/il_law.htm

Generally, but not always, the courts will not terminate the bioparent's rights unless an adoptive parent is willing to step in and assume the financial responsibility for that child. Are you looking to adopt his son? You realize that if you then divorce, YOU may have to pay CS?
 
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nextwife

Senior Member
This is really sad.

This is like Sophie's Choice, but without ****'s, death or angst. This is all apparently voluntary.

How can a parent give up their child just because they are adopted? Man, you'd have to kill me to get either my biokid or my adopted kid. One is of no more value than the other.

EDIT NOTE: WOW, evidentally FA censors out the name of the German party responsible for WW2. When I posted, their name, which starts with N and ends with I, it dissapeared.
 
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