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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Adoption by Stepfather then Divorce Papers Served

    My question involves adoption law for the State of: pa
    My ex husband adopted my daughter in summer of 07 then less than 9 months later he served me with divorce papers. My lawyers in the past have done nothing to annul the adoption and now it has turned into a messy custody battle where she does not want to go to his house and yet we have a 50/50 split custody arrangement. Is there anything that i can do about getting the adoption overturned and get the biological father, who wants to be her father again, back his rights?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Adoption by Stepfather then Divorce Papers Served

    No.

    The adoption is permanent, and your ex-husband is - and will remain - your mutual child's legal parent.

    Why would this ever be in the child's best interest, anyway?

  3. #3

    Default Re: Adoption by Stepfather then Divorce Papers Served

    Adoption is forever... He is now her father. This is why it is so important to put an incredible amount of thought into it before following through with it.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Adoption by Stepfather then Divorce Papers Served

    I suppose technically, biological guy and Mom could get married and try to persuade Dad to go through a stepparent adoption. Of course after 5 years it's not likely the court will think that's in the child's best interest if Dad doesn't agree - hence it wouldn't happen without his consent.

    This child needs counseling, evidently.

  5. #5

    Default Re: Adoption by Stepfather then Divorce Papers Served

    Yep. Unfortunately, bio-dad doesn't get to be wishy washy. That's not in the child's best interest. Either he WILLINGLY consented to the adoption, or, he objected to the adoption and the court still found that adoption would be in the child's best interest. Either way, bio dad is forever out of the picture now. The time to have fought to remain his child's parent was BEFORE the adoption. That events occurred after the adoption that one or both biological parents find distasteful, doesn't impact the legality or permanency of the adoption.

  6. #6
    Join Date
    Sep 2009
    Posts
    424

    Default Re: Adoption by Stepfather then Divorce Papers Served

    What a great dad to fight hard to keep a relationship with his daughter! (I am talking about the adoptive dad who seems to have turned down a chance to walk-away and is staying involved with his daughter)

    Mom - quit trying to foist your anger and hurt onto your daughter. Encourage her to enjoy her time at dad's.

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