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Can a step-parent adoption be reversed after divorce?


Dick and Jane have a baby out of wedlock, and when that baby is around two years old, Jane marries Harry.

Dick has been paying child support but denied visitation those two years, with lawyers slowing the process down.

Harry petitions to adopt the child and adoption is granted, with Dick's approval, since the child has known Harry as dad. Child support takes months to cease, and all adoption fees are forwarded to Dick to pay. Jane is very money driven.

Several years later, out of the blue, Jane contacts Dick wanting him to see the child, now 10. Dick has a sneaking suspicion Jane's marriage to Harry is on the rocks and she is looking for an opening to reinstate child support from him, and reverse the adoption of their child, making him financially responsible again.

Is this a possibility? Does Jane stand a chance in court? Should Dick be cautious with this?

Once the adoption is final, Dick has no obligations for child support. If Jane and Harry get divorced, Jane would have to go after Harry for support. Also, Harry will have as much legal right to custody and visitation as a biological father would have.

Jane asking Dick to visit the child has nothing to do with support. The two are exclusive as far as the courts are concerned.

No, once Dick signed over all legal parental rights and the courts signed off on it by awarding Harry the rights.........Harry is now the baby's daddy. Harry is the one who gets visitation rights and Harry is the one who pays the child support. Dick is nothing in this case (sorry Dick) and has no obligation. If Dick was concerned about seeing the baby, he shouldn't have given up his rights. If Jane & Harry are divorced, it's not Dick's problem and let Harry continue to be the daddy, full or part time.

More then likely, Harry doesn't have the means to pay childsupport like Dick had and maybe Jane is looking to get back together with Dick.......to get some money or be taken care of. Run away Dick!

Once the adoptions is approved by the court and absent fraud, an adoption cannot be overturned.

Jane has no chance in hell and also has no legal standing to bring such an action. The only parties who have legal standing are the legal father and Dick.

EDIT TO CLARIFY A POINT MADE:

Even if Dick and Jane get back together and marry, Dick will NEVER have financial responsibility for the child unless he adopts.

Also, adoptions CAN be overturned, even once the court has approved the adoption. Although difficult, many cases have been overturned in the recent past.

No an adoption is final, and Harry is the parent just as much as if he were the biological dad.

I would assume that the ten year old child might have questions about his biological father. He might not think of Dick as a dad - Harry is his dad now - but he might have questions of history, medical stuff, or just want to know who he resembles. If I were Dick, I would certainly make the time to meet up with the child and see where it goes.

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