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How to Reverse Step-parent Adoption?

On Lawyer & Legal » Family Law

5,247 words with 6 Comments; publish: Tue, 13 May 2003 20:12:00 GMT; (80046.88, « »)

The state is: CA

I have a bf who has a child that was born in AZ. Now the mother of the child got married and moved to CA. He currently pays $520.00 a month and has only seen the child 2 times since he was born. The child support is currently going through AZ still. Well the mother brought up the subject of letting her husband adopt the child so he agreed to it. She sent the step-parent adoption form in , he signed, notorized it and sent it back to her. So after she got the paper from him she would'nt return calls. This was in Dec of 2002 The paper work was supposedly filed, she recently stated she had a court date on June 2cd. He called her today and she slammed the phone in his face. So he had called the AZ CS div and they told him he basically he signed his rights away but still has to pay child support. Now the mother kept saying after everything was final that he would'nt have to pay child support anymore but it seems like all a big run around. By the way the father lives in Tx. She lived here then moved to AZ, then to CA. So is it true that he will have to still pay child support after the adoption is final and if so what form would he have to fill out to reverse the process? Thank you...

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    • Well they havn't gone to court for visitation rights or anything. All that's on paper is the info about child support. In the papers it states that they both have equal custody. He's offered to fly to Ca to see him, to bring him back and then fly him back. Everything.She was so convincing at the hearing for child support saying you can come see him anytime you want and this and that. But now since she's married all of a sudden she has to ask her husband if he can come down. She won't send pictures anymore or nothing. And the D.A. in AZ told him he signed his rights away but that didn't mean he was going to stop paying CS.So of course he was pissed. The mother wants to change the childs last name to her married name and still wants him to pay CS. I don't know about you guys but that sounds wrong to me. Especially when someone tries to do all they can and keeps getting shot down by another obstical. If he can't have child support dropped then he wants custody. But he doesn't have money for lawyers, ect. I'm all out of answers for him. Thank everyone for thier responses.
      #1; Wed, 14 May 2003 09:12:00 GMT
    • I wonder, as she is in CA, if she could accomplish the step-parent adoption and the AZ CSE would never know. And, as he has no parental rights, he cannot obtain the adoption record. Always wondered how one could prove a stepparent adoption, which is a sealed record not publically available, to another state if one was NOT the adoptive parent.

      Maybe he'd have to file for custody, and wait for her response that he has no legal rights as the child is now adopted by stepfather, blah,blah blah...?

      IF and when you can establish that the adoption has taken place and can prove that to AZ CSE, no new support should be required. IF there is an arrearage, that will not disappear, but going forward, the child would no longer be his. An adopted child IS legally the child of the adoptive parent.

      #2; Tue, 13 May 2003 21:04:00 GMT
    • Thank You!

      One more Question

      Would the courts hold it against him if he's only seen the child 2 times the child will be 3 this year. He has car note, house note, utilities ect. and explained this to the mother and she says she doesn't need the CS but only calls him when a pymnt doesn't come out of his check.....The only reason he consented to the adoption was b/c the child lived in a different state and he thought it would be in the best intrest of the child but now she's playing games and with holding valueable information. So if he does try to get custody would the chances of getting him be less likely b/c of not seeing him ?

      #3; Tue, 13 May 2003 21:24:00 GMT
    • He will have to explain to the court why he has rarely seen the child, and why he feels he deserves visitation now.

      Possibly you can find out through the mother's local court house what action is scheduled for June 2. It could be a termination hearing, and your boyfriend can attend and let his feelings known. It's obvious why the mother won't give you any information, she doesn't want him to contest the adoption since he has already agreed to it. She is under no obligation to communicate with him.

      The stepparent adoption process can take up to a year. It is very possible that she filed in December, and it is just now working it's way through the slow court process.

      #4; Wed, 14 May 2003 06:00:00 GMT
    • Also, is there a appeal that he can file. Maybe a form if the adoption hasn't been processed yet?
      #5; Tue, 13 May 2003 21:33:00 GMT
    • Once the adoption goes through, he will not have to pay CS anymore. Getting proof that it has gone through so you can stop the child support is where your problem lies. Send her a certified RRR letter requesting verification of the steps that have been taken and to be notified when anything changes. I might express in there that as long as he is still a legal parent he can file for at the very least visitation. If he already has visitation then try using it. It may speed her up.

      I don't mean to sound conspiring here but these are about the only choices. To you I would say consider what he is doing and has done and trying to do. Is this the kind of person you want to be with?

      #6; Wed, 14 May 2003 11:46:00 GMT