QUESTION
If I adopted a baby from a family member last year and now they are threatening to take the baby back, what can I do?
Asked on May 06th, 2014 on Child Custody - Washington
More details to this question:
I adopted a family member's baby last year, went through attorney and court. Parents signed over rights to us, then parents got in trouble and went to jail. They are getting out of jail. They say they are changed people and want the baby back. At the court appearance the biological parents did not come but DHS was there to testify against them and make sure the baby did not go back to the biological parents' custody because DHS was actively trying to find baby to remove him from their home because of neglect. That's the reason the birth parents wanted us to adopt him. Is there any way they can change their minds after adoption has been final 10 months? Birth parents are now divorced and have no job or no place to live.
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is nearly impossible to "reverse" an adoption under these circumstances. The law says it is your child, period.
Answered on May 06th, 2014 at 7:02 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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In the first year after an adoption is finalized the birth parents can appeal if they can show that there was fraud, duress, mental incapacity on their part or some other illegality involved in the adoption. Otherwise, once an adoption is final, it is final. If DSHS took the baby because of conditions in their home, then the chances are essentially zero that the adoption would be undone. Furthermore, they would have to show that they (or whichever one of them appeals) are capable of caring for the child. With no place to live and no jobs this is unlikely. If this was not an open adoption, you have no reason to communicate with them, so don't.
Answered on May 06th, 2014 at 4:37 PM