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jenmarquez1420 · Jan 14, 2011, 12:12 PM

Can the adopting parent of a child contest an adoption? The birth father signed over all of his rights to the child and when the mother left the step father she moved in with biological father. This to me is fraud. Can someone please help me with some facts and guidance.

Synnen · Jan 14, 2011, 12:33 PM

Moved from adoption.

I guess I am not understanding the question. Why would the adopting parent contest the adoption? If you wanted to adopt the child, wouldn't it be good that the parents signed away parental rights?

Or are you the step parent, you adopted your wife's child, and she left you to go back to the birthfather?

jenmarquez1420 · Jan 14, 2011, 12:36 PM

Yes that is exactly what happened. He adopted her when she was 2 or 3 and in 2008 she left and went back to the birthfather.

ScottGem · Jan 14, 2011, 12:44 PM

Lets get this clarified:

A has child with B. C marries A and adopts child. A then leaves C and goes back to B.

So first, when did A marry C? When did C adopt child? When A leave C? Has there been a divorce with settlement? Who now has custody of child?

cdad · Jan 14, 2011, 04:23 PM

Originally Posted by ScottGem

Lets get this clarified:

A has child with B. C marries A and adopts child. A then leaves C and goes back to B.

So first, when did A marry C? When did C adopt child? When A leave C? Has there been a divorce with settlement? Who now has custody of child?

My guess the mother has custody of the child and is now asking for child support from the adoptive father. But has returned to the domicile of the birth father.

Fr_Chuck · Jan 14, 2011, 08:45 PM

I think the issue of fraud would be perhaps in how long they were married and how soon after the adoption did she return to the bio father.

GV70 · Jan 15, 2011, 12:12 AM

Originally Posted by califdadof3

My guess the mother has custody of the child and is now asking for child support from the adoptive father. But has returned to the domicile of the birth father.

Agree!

Originally Posted by Fr_Chuck

I think the issue of fraud would be perhaps in how long they were married and how soon after the adoption did she return to the bio father.

Once made, adoption orders are final and cannot be revoked.An adoption is a done deal.
I do not think there was fraud./in a legal sense/
Generally fraud means the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud.
I guess the adoptive father has custodial rights and he must pay child support. Thus he is not deprived of being father.
Neither constructive fraud nor extrinsic fraud can be applied in this case.

It is terribly unpleasant that the child may think that she has a real dad and a false dad-a man who is the legal father and pays child support.

ScottGem · Jan 15, 2011, 06:12 AM

Well, If I married a woman and succumbed to her appeal to adopt her child and then she up and leaves me to go back to the father of the child and sticks me with supporting the child. I would start thinking fraud too.

Of course a lot depends on the timing here. Also whether the child is in custody of the mother or the adoptive father. So we really need more details from the OP to sort this out.

GV70 · Jan 16, 2011, 10:46 AM

Originally Posted by ScottGem

Of course a lot depends on the timing here.

To my knowledge nothing depends on the timing... If the adoptive parent has at least two hours visitation time per month he will not be able to contest the adoption./ nor to stop to pay child support/.
It is not unheard that a non-biological or adoptive father is obligated under the law to pay child support to the biological father because his legal status.At least ten states supreme courts upheld that opinion.

Another thing here is that the adoptive parent must prove the intentional deceit which is almost an impossible task.

ScottGem · Jan 16, 2011, 11:41 AM

Originally Posted by GV70

Another thing here is that the adoptive parent must prove the intentional deceit which is almost an impossible task.

I agree. But, if the adoption gets finalized and the mother moves out within a month or two... It would certainly raise my eyebrows. I doubt if the adoption would be voided, but the support might. I know it's a very longshot, but I like to believe in justice ;)