Legal Question in Family Law in Tennessee

Step-Parent Adoption

Location: Nashville, TN

I have a 6-year old son by a previous marriage (divorced 1996). After 3 years of battling continuous visitation issues/disputes, my ex contacted me to state that he would give up his paternal rights to my son if my current husband would adopt him. We are more than thrilled about this, but I am also very leary. If an agreed adoption order is signed, how long does he have to ''change his mind''? If I hire an attorney and my ex backs out after the process has begun, is there any financial recourse for me to recoup my money from him? Thanks in advance.

Asked on 5/15/02, 9:34 pm

2 Answers from Attorneys

William Poland Law Offices of William H. Poland

Re: Step-Parent Adoption

The adoption will cut off the child support obligation of your ex husband. The Order of Adoption is completely final after thirty days and cannot be set aside unless there has been some fraud involved in the adoption process....I do not know of any way to recoup your money if your ex-husband backs out of the matter before it is concluded....Bill Poland

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Answered on 5/16/02, 12:10 am

David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Step-Parent Adoption

Your ex-husband will have to consent to his rights being terminated. Once he signs the papers for the adoption the matter would be set for court approval. An oder approving the adoption would be entered and would not become final until 30 days after the judge signs the order approving the adoption. The only way your ex-husband could set aside the order would be for fraud.

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Answered on 5/16/02, 2:10 pm

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