Legal Question in Family Law in Arkansas

Re: Undoing an adoption

This actually is not as unusual as you might think. However, undoing the adoption probably is not feasible (although I don't know the law in your state). One of the things you have to understand is that an adoption terminates the legal relationship of parent and child. So even though you might be the biological parent, in the eyes of the law you are not a relative. That doesn't mean an interest in custody cannot develop as it does with other non-relative custodians of children.

You probably have a few options here. First, if the child is living with you (and it may matter for how long) you could file for custody of him. The legal parent could of course object, but then the issue would be the reason the child has been living with you, for how long etc.

If you obtained custody, this would not cut off the adopted parents legal relationship, but would render that person liable for child support (something you might want to think about). You could try filing for straight adoption. I don't know how that works in your state, but I am assuming that the adoptive parent here was not related to the child prior to the adoption. You can always repeat the process. Try to talk to a dometic relations lawyer in your area to see what they would advise.

As far as waiting to the age of 18, I can't recall if there is any age limit to adoptions, I think its been done. But for the time being it may be the wiser course to try and stabilize the legal relationship now. Unless you live in the same school district as the other party, for instance, you can have problems enrolling a child in school because you would have no proof of custody. Likewise issues of consent for medical treatment may arise.

Jonathan Schiff

Self employed

605 Rose Hill Ave