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View Full Version : Overturning an adoption possible?


Jeepdude
Jan 24, 2011, 12:06 PM
Well long story short.  My brother got married and they had 2 kids.  His wife cheated on him and they fought all the time.  My brother and his wife signed over their parental rights and my parent adopted the children in 2000  when they were 1 and 2 yrs old.  The birth mother has not been in the picture since the adoption but the birth father ( my brother) has been.  My parent have been financially responsible for the children since the adoption.    He even moved in with my parent shortly after the adoption.  I'm not sure what has happened to my brother but he's done a complete 180.  He's awful to my parents , threatens them,  gets irate when they don't give him money .  When he doesn't get his way he threatens that's he's going to take my parents to court and have the adoption overturned.  He says he was tricked into the adoption.  Knowing good and well he wasn't tricked into anything.  Even if he had custody of the children he couldn't support them.  He's called DSS and reported that the children were being beaten, which they weren't.  DSS came out did their thing and found no evidence of abuse.  He even filed a Domestic Violence Protection order on my Dad.  The  sheriff came out and removed my father from his own home.   Mom was stuck there with my unstable bother for about 2 weeks.  Everything with that got straighten out and my dad was finally able to come home.   As of October of last yr my parents finally had enough and had him removed from the home he's not even allowed to come on their property. My question is , would the courts , after 10 yrs,  actually believe he was tricked into signing over his parental rights and allowing the kids to be adopted. 
 

smoothy
Jan 24, 2011, 12:22 PM
Would you want kids YOU adopted taken back easily... neither does anyone else, and one of the reasons Adoptions are not easy to do... and even more difficult to reverse.

Expect an lengthy and expesive legal battle if they wish to proceed... with an outcome that is far from certain for them. Enough to discourage a real attempt from them.

Jeepdude
Jan 24, 2011, 12:28 PM
That's good to hear. My parents are GREAT parents and the kids don't need to be put through that. I believe my brother really needs to see a professional and maybe get on some medication.

Synnen
Jan 24, 2011, 03:58 PM
Overturning an adoption, even a couple MONTHS after the signature is on the relinquishment papers is next to impossible.

After YEARS, the odds of it happening are about the odds of all the pigs in Iowa deciding to grow wings and start singing hymns all at the same time--ESPECIALLY to such a dead-beat, unstable father.

Your parents have nothing to fear--but they should document everything anyway. I cannot imagine a court overturning the adoption, but it never hurts to have ammunition anyway.