Can a Stepparent Adoption Be Reveresed

Updated on April 02, 2018
K.S. asks from Miami, FL
12 answers

I left my son biological father when was 7 months old. I tried to get his biological father involved in his life after leaving him he failed after a year of trying. I got into a relationship got married 2 years later. My husband and I agreed to adopt my son. I got 100% time sharing FIRST! (As per Florida law)than we got the adoption afterwards. Now after almost 4 years the biological father wants to be in my son life. Child support couldn’t find him for 2 years. He applied for a job and put his new girlfriend address that’s how he was served to come to child support court. He came to court and the judge notified him that I wanted to close the child support case and that I currently had 100% time sharing already granted (at this point the adoption was pending a final court date.) the judge provided him with all cases numbers(child support,timesharing & adoption). She advised him at that time if he didn’t want his rights taken he would need to modify the cases HE FAILED to do so.My son has been adopted 3 years now. So now he is sending me threats to get back into my son life. Due to the violent history we had together I’m scared for my son. So my question is can he try to vacate the adoption after he was given a chance to be in his life and failed to do so?

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answers from Appleton on

We do not have answers. We are not attorneys.
sorry Honey, but this is a question only an attorney can answer.

7 moms found this helpful

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answers from Dallas on

I'm sorry you are going through this.

You need a good lawyer. Make sure you document everything... phone calls, conversations, etc.

If this ex is violent and threatening, I'd also get a protective order against him. Do all you can to keep your child safe.

11 moms found this helpful


answers from Washington DC on

ETA: The ONLY place you are going to get REAL ANSWERS?? Is with a Lawyer. Even IF I was a lawyer, I'm not licensed to practice in your state. Each state has different laws. YOU NEED A LAWYER.


Welcome to mamapedia, K..

You need to talk with a lawyer. I don't know Florida state law. I don't know if your son's biological father (I take it you weren't married?) has the ability to contest the adoption. It sounds like everything was done on the up-and-up.

Keep all the threats recorded and on file. Get a restraining order if he is threatening violence or kidnapping.

Your son is still very young. But he needs to know what to do in case of an emergency. He needs to know that NO ONE but you and your husband is to pick him up. Give him a code word that ONLY the 3 of you know and tell him he is NOT to tell it to anyone but to ASK what the code word is. If the code word is WRONG? He needs to alert people there is trouble.

Good luck!

9 moms found this helpful


answers from Washington DC on

sounds like you've got all your ducks in a row, so that's a plus. keep track of all the threats, any evidence of violent behavior on the part of your ex, and all of your court records easily to hand.

beyond that you need to speak to an attorney. it's not a new thing after all the court hearings you've been to already, right?


8 moms found this helpful


answers from Springfield on

Of course you need answers. I think I would be completely overwhelmed and scared if I were you. You probably aren't going to feel better until you learn more about your rights.

As difficult as it is, you really do need to talk to a lawyer. You need to be able to talk to someone who really knows your case and knows the laws in your state and can really look into everything that has happened so far.

It would be wonderful if someone could post a helpful answer, but I really think you just need to wait and contact a lawyer.

8 moms found this helpful


answers from Atlanta on

You really need to speak to a family law lawyer in your state. I would not take advice for something so critical from a group of internet strangers.

If the threats are threats of violence? They need to be recorded and reported.

If you are scared for yourself and your son? You need to talk with the police and a lawyer to see what you can do to protect your family.

8 moms found this helpful


answers from Norfolk on

You really need to ask a lawyer that is familiar with your states laws on the subject.

I Googled "can parental rights be reinstated" and found this:

Depending on the state your ex might have a legal leg to stand on.
I don't know if your ex is successful in restoring his parental rights what bearing that would have on your husbands adoption of your son.

See a lawyer that specializes in family law and get as prepared as you can to fight it.
Good luck.

The way I understand the situation is :
In order for your son to be adopted the biological father had to have his parental rights terminated.
Bio dad didn't do what ever he needed to do to maintain his rights - so the court terminated his rights and the adoption by your current husband took place and your husband has been the adoptive dad for at least 3 years.
It is my understanding (I'm not a lawyer and I could be wrong) that once the adoption took place an irrevocable event has occurred and there's no going back for the bio dad at that point.

Now all of a sudden bio dad decides he wants to be a dad.
Depending on the state and the circumstances he might have a very slim chance of getting his rights reinstated.
HOWEVER - in order for that to happen the adoptive dad would have to sign away his parental rights - and seeing as he is actively raising the child as his own I'm not seeing how or why he would want to do that and it's not likely the court would terminate his rights.

You need a lawyer -
to be sure of the laws as they apply in your state
to explain to bio dad that he's burnt his bridges and there's no going back
to get a restraining order against bio dad

6 moms found this helpful


answers from Boston on

We aren't lawyers, but it sounds like your case was well handled, including your ex talking to both the judge and a social worker. He stopped paying child support (as you closed the case) and was given all the case numbers but opted not to modify or protest the action. You have a violent history with this man, which tells me he was controlling then. This sounds like he's trying to be controlling now as well. You probably should talk to a lawyer, but you could also start with the court clerk where this case was processed to get some info, and also to make sure you have all the appropriate paperwork. That includes the report from the social worker saying what your ex was told.

I think you should consider a restraining order as well, and make sure that your son's preschool or babysitter knows that this man is not an authorized person to pick up or even visit your son. You might also let your local police department know that you have fears in this area so he's on their radar. Take copies of paperwork and pay a visit to the department, whether or not you have applied for a restraining order, and ask their advice.

6 moms found this helpful


answers from Boston on

I don't think me can. Put him on notice that you do not wish to be contacted ever again for any reason. If he does you'll consider it harassment and will contact the police. Print out every single threat and if he's calling let them all roll to voice mail so you can keep those too.Then follow through on it.

I'm going to guess that he never told the girlfriend that he had a child and needs to make it look like he wanted to be an involved parent but somehow you prevented it. Its all for show. If he really wanted to coparent he wouldn't have waited 4 yrs to step up

5 moms found this helpful


answers from Anchorage on

You need to call an attorney. Some will give a free consultation. You need solid legal advice. I would not trust strangers on the internet for legal advice. Good luck.

5 moms found this helpful


answers from Pittsburgh on

You need to talk to a lawyer. You should call the attorney that did the adoption and find out if everything was done correctly. Should the biological father (I take it you weren't married to him) want to take his son back? He would have to show that he was never notified of the adoption, etc. but then again, I'm not a lawyer and I'm in Pennsylvania not Florida.

Talk to a lawyer

4 moms found this helpful


answers from Peoria on

You can have his parental rights revoked w/o his consent. You hafta put a public notice in any newspaper saying that you will revoke his rights (don't tell your ex you're doing this as the whole point is to get no response) & after a certain length of time, if no response from him then you should be able to get his rights revoked. Talk to a family court attorney. Good luck!

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