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tiajason · Jan 27, 2009, 10:26 AM

In my first marriage I adopted my daughter. Her biolgical father didn't show any interest in her until after the adoption was filal. Now 12 years later (my daughters 14) my ex got mad at me and decided to try and replace me by reuniting my daughter and her biological father. Do I have any rights in order to prevent this from happening?

this8384 · Jan 27, 2009, 10:50 AM

If you have legally adopted the child, you are still entitled to visitation. However, if her mother chooses to involve her biological father in her life, you cannot stop her unless there is a problem of abuse or neglect.

cdad · Jan 27, 2009, 12:49 PM

What kind of an adoption was it ? Was it open or a closed adoption ? If it were a closed adoption then she may be in violation of court orders.

this8384 · Jan 27, 2009, 12:53 PM

Originally Posted by califdadof3

what kind of an adoption was it ? Was it open or a closed adoption ? If it were a closed adoption then she may be in violation of court orders.

Just curious: how would the mother be in violation? The OP didn't say that he hasn't seen his daughter, just that the mother "reunited" her with her biological father. Is that actually illegal?

cdad · Jan 27, 2009, 01:03 PM

Originally Posted by this8384

Just curious: how would the mother be in violation? The OP didn't say that he hasn't seen his daughter, just that the mother "reunited" her with her biological father. Is that actually illegal?

If it were a " closed " adoption the yes it could be. Normally there are no contact orders in place and certain records are sealed in a closed adoption. If they were to meet by chance then no its not illegal but if the mother knowingly took the child to him and told the child this is your real father.. that would present problems.

Again.. if its an open adoption then it doesn't matter.

cdad · Jan 27, 2009, 01:06 PM

Forgot this.

AAAA : News

Info on adoption types.

ScottGem · Jan 27, 2009, 01:13 PM

The fact is that if you legally adopted the child then you are the legal father and the bio father's rights were terminated.

That doesn't mean the mother can't allow the bio father to see her unless there are court orders preventing it. But it doesn't change your rights. You have the same rights to the child as you would if you were the bio father.

However, you don't have the right to prevent your daughter from having a relationship with her bio father unless the courts prohibited it. Whatever relationship she establishes with her bio father should have no effect nor should it interfere with your relationship with her. Unless there are court orders preventing his relationship I would not fight it. This could make you the bad guy. I would explain to your daughter that you have been her father for the last 12 years and will be for the rest of your lives. But that you understand her wanting to know her bio family. Keep the lines of communications open.

Fr_Chuck · Jan 27, 2009, 03:15 PM

It is not uncommon in step parent adoptions for the child to still know and continue to see the bio father, or the bio father be in the child's life in latter years.

You have the rights to visits and should have a court order for it.

cdad · Jan 27, 2009, 04:29 PM

Originally Posted by ScottGem

The fact is that if you legally adopted the child then you are the legal father and the bio father's rights were terminated.

That doesn't mean the mother can't allow the bio father to see her unless there are court orders preventing it. But it doesn't change your rights. You have the same rights to the child as you would if you were the bio father.

However, you don't have the right to prevent your daughter from having a relationship with her bio father unless the courts prohibited it. Whatever relationship she establishes with her bio father should have no effect nor should it interfere with your relationship with her. Unless there are court orders preventing his relationship I would not fight it. This could make you the bad guy. I would explain to your daughter that you have been her father for the last 12 years and will be for the rest of your lives. But that you understand her wanting to know her bio family. Keep the lines of communications open.

Also I would like to add that what Scott is saying is not only true and correct but this all continues through your lifetime. She is even entitled to an inheritance when that time occurs and also she is a next of kin should you become incapactiated.