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Biological father wants to overturn adoption because of arrears

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tercra

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

Hello. My wife and I have a very stressful situation (as most people on here do). I am deployed to Afghanistan and over the phone a JAG officer swore me in and I was allowed to adopt my daughter ovr the phone. It was a great moment in all of our lives. My daughter's biological father has not cared to see or call my daughter in over 5 years. His only attempt to find us was to have child support payments modified which meant having to serve my wife. My wife was unable to make the hearing on two occasion because she was giving birth to our youngest and we attended our oldest daughter's (his biological) JR High graduation. The judge dropped the arrears because of our absence. My wife went back to court and a judge decided to overturn the previous decision because that is not in the best interest of the child. Shortly before the last child support case I filed for a motion to adopt my, my then, step-daughter and her biological father had 30 days plus 30 days more after the initial 30 had passed (they want to make sure that the biological father has a chance). After his allowed time to response passed, a hearing was set while I was in Afghanistan and I was able to adopt her. The judge also asked to drop the two other cases; child support payment adjustment and share custody/visitation (they filed that so that child support payments would drop)

This is where the tough part begins. Now that I have adopted my daughter, her biological father is angry that he still has to pay the arrears. He and his criminal lawyer have filed three motions:

1. To get a copy of the transcript of the adoption hearing

2. That the child support payment adjustment not be moot

3. That the shared custody/visitation case not be moot

The only reason this was done was because they still had to pay the arrears and his family embarrassed him. They claim that my wife misled the court regarding his involvement in his biological daughter's life. He's a deadbeat with financial and drug problems. The judge, who was the same judge that granted the adoption, granted them the transcript of the adoption hearing so that they can prove their claims of my wife's deception. My wife has misled no one however, this granted motion has us very concerned and more importantly my daughter feels like she is in limbo and is scared that this case may be overturned.

The purpose of this post is to see if anyone has ever experienced this and if there is anything that can be done to prevent this case from being overturned. Any help would be greatly appreciated.
 


Silverplum

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

Hello. My wife and I have a very stressful situation (as most people on here do). I am deployed to Afghanistan and over the phone a JAG officer swore me in and I was allowed to adopt my daughter ovr the phone. It was a great moment in all of our lives. My daughter's biological father has not cared to see or call my daughter in over 5 years. His only attempt to find us was to have child support payments modified which meant having to serve my wife. My wife was unable to make the hearing on two occasion because she was giving birth to our youngest and we attended our oldest daughter's (his biological) JR High graduation. The judge dropped the arrears because of our absence. My wife went back to court and a judge decided to overturn the previous decision because that is not in the best interest of the child. Shortly before the last child support case I filed for a motion to adopt my, my then, step-daughter and her biological father had 30 days plus 30 days more after the initial 30 had passed (they want to make sure that the biological father has a chance). After his allowed time to response passed, a hearing was set while I was in Afghanistan and I was able to adopt her. The judge also asked to drop the two other cases; child support payment adjustment and share custody/visitation (they filed that so that child support payments would drop)

This is where the tough part begins. Now that I have adopted my daughter, her biological father is angry that he still has to pay the arrears. He and his criminal lawyer have filed three motions:

1. To get a copy of the transcript of the adoption hearing

2. That the child support payment adjustment not be moot

3. That the shared custody/visitation case not be moot

The only reason this was done was because they still had to pay the arrears and his family embarrassed him. They claim that my wife misled the court regarding his involvement in his biological daughter's life. He's a deadbeat with financial and drug problems. The judge, who was the same judge that granted the adoption, granted them the transcript of the adoption hearing so that they can prove their claims of my wife's deception. My wife has misled no one however, this granted motion has us very concerned and more importantly my daughter feels like she is in limbo and is scared that this case may be overturned.

The purpose of this post is to see if anyone has ever experienced this and if there is anything that can be done to prevent this case from being overturned. Any help would be greatly appreciated.
I'd say getting an experienced attorney is essential.
 

tercra

Junior Member
We do. She was great up right up to the adoption. But now she is being************** lazy? She is hesitant to speak to my wife because my wife is not her client, even though my wife has power of attorney. Additionally, the other cases are child support and child custody and not what she was hired for, although they are related.
 

Silverplum

Senior Member
We do. She was great up right up to the adoption. But now she is being************** lazy? She is hesitant to speak to my wife because my wife is not her client, even though my wife has power of attorney. Additionally, the other cases are child support and child custody and not what she was hired for, although they are related.
That's weird that your attorney has changed gears. You could fire her, and hire another.

Thank you for your service to our country. :)
 

Zigner

Senior Member, Non-Attorney
We do. She was great up right up to the adoption. But now she is being************** lazy? She is hesitant to speak to my wife because my wife is not her client, even though my wife has power of attorney. Additionally, the other cases are child support and child custody and not what she was hired for, although they are related.
How can she be "your" (plural) attorney if your wife is not her client?

Are you saying that the attorney has concluded her representation and expects to be retained (ie: contracted & paid) for this subsequent matter? If that's they case, then you know exactly what needs to be done to get her back on board.
 

tercra

Junior Member
Yes she expects to be retained for this subsequent matter. We have thought of getting another lawyer. So what do I need to do to get her on board? Sorry, this is all new to me.
 

justalayman

Senior Member
something is goofy. Why was there a motion, by the biological father, to modify custody/visitation if this involved an action by you to seek adoption. That would suggest they were contesting the adoption at that point.


My wife has misled no one however, this granted motion has us very concerned
why? are you arguing a father who is having his parental rights stripped from him (I have to presume this involved involuntary termination of his rights) not be given all opportunities to protest the action?


In her failure to attend the prior hearings where the support was dropped, your wife had shown a lack of interest in the hearing herself. Granted, the birth thing may have been a surprise but a party needs to address the issue immediately so it does not appear they simply ignored the hearing. The second hearing is simply a problem: graduations are scheduled just as the hearings are. When there are conflicts, you motion to reschedule something PRIOR to the hearing. If denied, you make the decision which is more important to you


Due to those issues, I disagree the support should have been reinstated.

bottom line: if you believe it is only due to the reinstated support, figure out which is more important to you now; having a child or your wife getting that support money (and since they are arrears, seriously, do you think she will ever see that money?). If it is only for the money issue, I would suspect dropping the arrears would make him go away.
 

tercra

Junior Member
something is goofy. Why was there a motion, by the biological father, to modify custody/visitation if this involved an action by you to seek adoption. That would suggest they were contesting the adoption at that point.


why? are you arguing a father who is having his parental rights stripped from him (I have to presume this involved involuntary termination of his rights) not be given all opportunities to protest the action?


In her failure to attend the prior hearings where the support was dropped, your wife had shown a lack of interest in the hearing herself. Granted, the birth thing may have been a surprise but a party needs to address the issue immediately so it does not appear they simply ignored the hearing. The second hearing is simply a problem: graduations are scheduled just as the hearings are. When there are conflicts, you motion to reschedule something PRIOR to the hearing. If denied, you make the decision which is more important to you


Due to those issues, I disagree the support should have been reinstated.

bottom line: if you believe it is only due to the reinstated support, figure out which is more important to you now; having a child or your wife getting that support money (and since they are arrears, seriously, do you think she will ever see that money?). If it is only for the money issue, I would suspect dropping the arrears would make him go away.

I have never cared about the money. All we have ever wanted was for the adoption to go through. He had the opportunity to contest and did not. He assumed that he would no longer be responsible for AY child support. When he found out that he still had to pay the arrears, then he filed to have the adoption overturned. He used the fact that he filed for custody and visitation (which was only done to lower child support payment) to attempt to overturn the adoption.

The custody and visitation motions were only filed to avoid child support payments. We filed for child support afterwards and he never contested.
 

Zigner

Senior Member, Non-Attorney
Yes she expects to be retained for this subsequent matter. We have thought of getting another lawyer. So what do I need to do to get her on board? Sorry, this is all new to me.
You need to hire her.

As an analogy... Let's say you hire a landscaper to plant grass this season. You pay the contractor and everyone is happy. Next season comes along and your grass starts turning brown. In order to get the landscaper to help you out (like, say, by installing sprinklers), you'll need to hire him again. It's a new contract for a new job (albeit, related to a prior job)
 

LdiJ

Senior Member
You need to hire her.

As an analogy... Let's say you hire a landscaper to plant grass this season. You pay the contractor and everyone is happy. Next season comes along and your grass starts turning brown. In order to get the landscaper to help you out (like, say, by installing sprinklers), you'll need to hire him again. It's a new contract for a new job (albeit, related to a prior job)
However, I would consider another attorney. I kind of find it weird that the current attorney considers that she only worked for you in a stepparent adoption.
 

Zigner

Senior Member, Non-Attorney
However, I would consider another attorney. I kind of find it weird that the current attorney considers that she only worked for you in a stepparent adoption.
Really?

How so? This is a separate matter. Would you expect the attorney who assisted in a child custody matter last year and got it all handled to simply work for free on a new child custody matter this year?
 

LdiJ

Senior Member
Really?

How so? This is a separate matter. Would you expect the attorney who assisted in a child custody matter last year and got it all handled to simply work for free on a new child custody matter this year?
No, that wasn't what I was talking about at all. I was talking about the following statement which I was not taking as having anything to do with re-retaining the attorney, as the OP seemed to understand clearly that it was necessary to do so.

She is hesitant to speak to my wife because my wife is not her client, even though my wife has power of attorney
I just find it a bit weird that an attorney in a stepparent adoption would consider themselves to be working only for the stepparent.
 

Zigner

Senior Member, Non-Attorney
No, that wasn't what I was talking about at all. I was talking about the following statement which I was not taking as having anything to do with re-retaining the attorney, as the OP seemed to understand clearly that it was necessary to do so.
What does a POA have to do with this? I have a POA for my father - doesn't mean his attorney has to work for me for free. My wife had POA from me for my children when they were minors, doesn't mean that the attorney who assisted in my prior custody matters has to work for free.
 

LdiJ

Senior Member
What does a POA have to do with this? I have a POA for my father - doesn't mean his attorney has to work for me for free. My wife had POA from me for my children when they were minors, doesn't mean that the attorney who assisted in my prior custody matters has to work for free.
Zig....I am not talking about the MONEY. How many times do I need to repeat that.
 

Zigner

Senior Member, Non-Attorney
Zig....I am not talking about the MONEY. How many times do I need to repeat that.
Then what ARE you talking about. The attorney won't represent a party without being retained to do so. Being retained = MONEY.
 

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