Legal Question in Family Law in Arkansas

Over turn an adoption.

Can a adopted father that hasn't been able to see his kids in a year because the mother wont let him, Get out of the adoption with out trouble.


Asked on 12/01/97, 12:37 am

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Over turn an adoption

While I'm not licensed in Arkansas, in Tennessee, where I am licensed, and also in most other states, you don't get to toss a kid back once you've adopted him.You are now every bit as much the father of the child as if you were the biological father.If the mother is not allowing you visitation, take her back to court for contempt.You can "undo" an adoption only in very rare circumstances, generally involving fraud.You are that child's father now -- If you have to fight for your visitation rights, fight for them instead of adopting an attitude like the child is no longer worth your attention.

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Answered on 12/01/97, 7:47 pm
Robert Friend Robert H. Friend, Attorney at Law

Can an adoptive father "get out of it?"

In my state (NC), the answer is probably NO, although you don't give us many facts to work with. In NC an adoptive father is the same legally as if he were the birth father. The only ways that I think of (off the top of my head, mind you) that a father in NC can "get out of it" is to legally consent to the adoption of the child by another man or to go through the procedure to have the adoptive father's parental rights terminated. And the adoptive father CANNOT START such a proceeding against himself; someone else must do it.

It sounds like you need to sue for visitation.

Why did you adopt this child?

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Answered on 12/02/97, 10:00 am


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