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  #1  
Old 06-28-2008, 06:51 AM
sambo584 sambo584 is offline
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can a step parent adoption be reversed

here is the story many years ago(17) i slept with a woman she had a child but didnt contact me about the child for many years, within that time she married a man they lived in texas he adopted the child in 2002 amended the BC on the application they stated that there was no known father. they had 2 kids together and then later divorced, he has custody of their 2 natural children she has custody of the child in question.
now in 2008 she is requesting paternity from me and child support here in ny where she and the child are living. at the time of the adoption i would not have challenged the adoption and i had no contact with the child nor did i pay child support at any time. i have no intent on challenging the adoption now........can they or a state agency reverse the adoption now?
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  #2  
Old 06-28-2008, 06:59 AM
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BrandyHagz BrandyHagz is offline
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Nope, not unless it was done illegally.

But she can fight you for support owed prior to the adoption and you would be required to pay that.

You would be responsible for all support owed from the time of birth to the time of adoption, when the child was legally yours.
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Old 06-28-2008, 07:18 AM
sambo584 sambo584 is offline
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i realize that anything is possible hwever when parental rights are severred you are no longer responsible for anything that involves the child along with the rights as a parent from that point forward its done!!! i dont think she(the mother) can ask for child support from me without reversing the adoption to give me parental rights. if he is the adopted father the court here has no reason to determine paternity because he acknowledged paternity and has been adjudicated as the father...is this correct?
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Old 06-28-2008, 07:44 AM
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Again, she can ask for child support from you from the point of the adoption and back.

No, she can't ask for support from you for the years following the adoption and unless there was some legal issue with the adoption itself, it can't be 'reversed'.

She might be trying to establish paternity for the years prior to the adoption. Have you contacted an attorney?
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Old 06-28-2008, 09:29 AM
sambo584 sambo584 is offline
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my attorney and i are all ready getting preparing for the hearing, we covered this subject this week on back child support and his answer was when the rights of the parent are terminated it is as if that parent was never the parent and she cant seek chjild support for any period...concept being if i am responsible for CS than i should also have my parental rights which is something i was never allowed to have because i never knew there was a child...the only way to get CS from any period is to reverse the adoption and give me parental rights.
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Old 06-30-2008, 05:09 AM
sambo584 sambo584 is offline
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back to the origanal question,....as long as the adoption was "legal" it CAN'T be reversed?
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Old 06-30-2008, 06:19 AM
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You need to find another attorney. S/He is giving you wrong/incorrect information.

But as I said in the original post - unless the adoption was done illegally, it can't be overturned.
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Old 07-03-2008, 08:55 PM
sambo584 sambo584 is offline
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i stand corrected in ny you can only seek c/s from the time of filing in my case she just filed...if you are going to be giving advise on this forum please take the time to educate yourself so the advice could be helpfull..oh by the way there is also a statute of limitations in ny for seeking support.
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Old 10-16-2008, 08:38 PM
just.a.mom just.a.mom is offline
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you know she could get in trouble with the courts for lying and falsifying court documents (adoption papers) because you have to fill out all sorts of affidavids about not knowing who the father of the child is...... so basically she frauded the court system....

you were never the parent (not on the BC) AND someone else adopted the child therefore I would be incredibly amazed if any court in their right mind gave her the time of day on this.......

of course if this actually goes thru the NY courts.... ??????

make sure your attorney has copies of ALL the papers filed for the adoption...

good luck!!!!
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  #10  
Old 10-17-2008, 05:14 AM
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I wonder how this case turned out...since all of the information flies in the face of everything I know first hand about Step Parent Adoptions that involve the state of Texas. Not sure how NY got involved.

Of course, since this is the Texas Step Parent Adoption Support Forum - I was giving advice based on my first hand experience of doing a Step Parent Adoption involving the State of Texas.

Thankfully, the judge involved in our case knew how to read the statutes and ordered accordingly.

My son was adopted, but that didn't forgive the arrearages owed by his biological father up the date the adoption took place. He will always 'owe' those.
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Old 10-18-2008, 06:08 AM
sambo584 sambo584 is offline
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how did it work out?

the reason for ny being the court is "mom" lives here with the daughter. anywho we did get a copy of the B/C and there is a father on it who is not ME!! he had been the dad for over 10 yrs! we did not get the adoption papers, the only way to get those would have been with a supreme court order and we were not in supreme court YET.what we used as a reason for dismasal actually was brought to the courts attention by the guardian that was appointed, equittable estopple was the reason for dismisal!

apparently this woman had been brought to court by her ex who has custody of their other 2 children,which she has not seen in over 3 yrs. he was asking for an increase in child support for the other 2 and she was not granted C/S for the daughtter here in ny. i guess she thought she could have paternity determined with me and that i would have have to pay C/S!

the court didnt spank her for lying or even get upset with her, i dont think he even remebered her from the previous hearing when she lied. he did however enforce the rule of law and denied then dismissed her petition b/c there was already a father,and i have never been adjudicated the father.in ny if there is a father on the B/C ny will not entertain a paternity suit without a court order from a higher court!

as far as back C/S in ny you can get C/S from the time that you file and thats it!!
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