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signing over rights of my child to her step father

 
 
Reply Sun 9 Jan, 2005 09:05 pm
My ex wife asked if I would sign over my right to my daughter so her new husband can adopt her. I live in NY and my daughter lives in Las Vegas. I don't get to see her much do to $ reasons. The last time I saw her was Nov. 2003, and the last time I talked to my daughter was on fathers day when she herself asked me if her step dad can adopt her. I sent my exwife the correct papers from an adoption attorney in NV that would sign over my rights. That was in july, she still never went through with it and will not answer my calls or respond to my emails. Is there anyway i can have a judge inforce the adoption. I think my exwife now changed her mind even though I have 15 emails from her saying this is what she wants. Can I do something to get this adoption moving??
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Type: Discussion • Score: 1 • Views: 740 • Replies: 4
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timberlandko
 
  1  
Reply Sun 9 Jan, 2005 10:25 pm
No legal expert here - I suggest you consult with a family law attorney licensed to practice in the ex wife's state - but I doubt there's much if any leverage available to you. It may be unkind of me to make the assumption, but if you pay her court-ordered child support, she may have figured out that'll end with the adoption - a circumstance which may have occasioned her re-appraisal of adoption's benefits.
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Noddy24
 
  1  
Reply Mon 10 Jan, 2005 07:49 am
The court system--whatever the state--moves slowly.

Can your attorney check what is going on for you?
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Debra Law
 
  1  
Reply Mon 10 Jan, 2005 07:49 am
adoption
Perhaps the adoption went through the court and you were not notified. If you signed papers giving your consent to the adoption, you probably also waived notice of the proceedings. You can check with the clerk of court in the district where your daughter lives and ask whether an adoption petition was filed and finalized.

Not only does an adoption require your consent (except in cases of abandonment), adoption also requires the consent of the mother and the adopting father. Therefore, you cannot force the new husband to adopt your daughter and assume your legal obligations to support the child.

By signing the consent, however, you have demonstrated your irrefutable willingness to give up all rights to a relationship your daughter. Even if no adoption ever takes place and you remain the father of record (with all financial obligations of support), it may be difficult for you to enforce your right to a meaningful relationship with your daughter through visitation. I don't know what visitation rights you were awarded in your divorce judgment, but if you try to enforce the visitation provisions, your ex-wife can now argue that it is not in the best interests of the child to spend time with a man who has demonstrated that he really doesn't want a relationship with the child -- she can argue that your attempt to enforce visitation is merely a vindictive response to her new husband's refusal to assume financial obligations for the child through adoption.

I have no idea what is going on with your ex-wife and why she won't respond to your calls and emails, but I have a suspicious mind. She may have orchestrated a situation that amounts to a de facto adoption that basically gets you out of the child's life but keeps you on the hook for child support payments. If you truly wanted a relationship with your daughter, it was not the smartest thing for you to have signed the consent for adoption. Have you had visitation disputes in the past that would prompt your ex-wife to manipulate the situation to obtain your consent to an adoption as a preemptive weapon to use against you in anticipation of future battles concerning visitation?
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timberlandko
 
  1  
Reply Mon 10 Jan, 2005 12:28 pm
Boy, here's a real Kodak Moment .... I'm in total agreement with ya on this one, Debra Laughing
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