I adopted my step daughter two years ago and was having problems in my marriage at that time. I felt pressured to adopt the child and I felt the marriage wasn’t going to last. I have three other biological children (which I have primary custody) from a previous marriage. I am currently going through a divorce after all and want to reverse the adoption. She is expecting me to pay child support and maintain visitation which I don’t want to do.
You don't have to exercise visitation if you choose not to, but you are the legal parent of that child. You will have a child support obligation. There is no "reversing" an adoption two years after the fact.
The previous attorney is correct. What I can add to her answer is that there is only a six-month statute of limitations on adoptions, and that this period begins on the day the final decree of adoption is signed. After that, an adoption cannot be revoked or appealed. You are the child's legal father.
You cannot revoke or reverse your adoption of the stepchild. Two much time has elapsed to allow you the ability to vacate the order.
If you are going through a divorce then you should hire an attorney. But you cannot reverse the adoption. That is now your child and the court will order you to pay child support if they determine you to be the non-custodial parent. You do not have exercise visitation but you should probably ask the court for visitation so it can be a part of your divorce. Because if it's not or if you don't get visitation through this divorce and you later decide you want to see the child, you will have to file another action and go back to court.
Adoption makes YOU the child's legal parent. It terminates the child's relationship with their biological parent. That isn't something that you can just chose to walk away from. The Court won't leave the child without a second parent because you decided you aren't interested any longer.
The only way to "undo" the adoption is if there is someone else who is in a position to step in and accept the responsibility to act as the child's legal parent. Absent a second step-parent adoption, YOU are the responsible parent now.
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