Just need some clarification....

[brisgirl825]

What is the name of your state? Mo...

My husband and I have started the process of TPR and SP adoption. At our consultation Friday, our lawyer said that my ex had a yr to change his mind. So my question is this: Do I interpret that to mean that the BF WILL be granted rights back if he changes mind during that time? Or does it mean that during that time, the court will listen to him and then the judge will make the decision?
Also, does it happen very often that a bio-parent is granted rights back in a SP adoption?

 

[tigger22472]

k.. here's how it normally works.

Bio is given x amount of days to literally contest the adoption before it happens. If there is no word or he doesn't contest.. etc... then the adoption can be granted as long as all the other criteria is met. Once it's final bio has one year to ask to have the order vacated. He then would file through the courts to have the order vacted and it would be up to the judge. He would have an extreme burden on him to prove why he didn't contest when it was offered to him, show that he has or would have a relationship with the child/ren that was meaningful. If he's been absent prior to all of this he will have to explain why... etc... After all of this it's up to the judge. Bio would have to have clear and convincing evidence that he say didn't know about it before, that something illegal was done to have the order made...etc before a judge is likely to vacate an exsisting order.

 

[brisgirl825]

Thank you for the help.