Legal Question in Family Law in California

Parental Rights and Adoption

I married a woman who had two children over 10 years ago. The X-husband and father of the children had not seen them or supported them for about 2 years. After about 6 months of marriage he agreed to give up his parental rights and I adopted them. In the letter to him the attorney stated he owed my wife money from the divorce decree he had not paid and back child support he had not paid and she would not pursue him if he gave up his rights and agreed to the adoption. It was not in the actual paperwork filed and signed through the courts. Now our oldest child is 18 and has written to my wife and demanding she give her his number and address. He has also written to her stating he is her father. He is getting very damanding in his tone of e-mails and letter sent to my wifes mother including he will call her at school or work if he has too. What can they do to stop this? Can they get a restraining order, file harrasment charges...? The divorce and adoption took place in Arkansas, he lives in Texas and we reside in California. Can my wife now get him for the money he did not pay since he is claiming to be her father and going back on his agreement? My daughter wants nothing to do with him and she read what he wrote.


Asked on 11/05/07, 8:25 pm

1 Answer from Attorneys
Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: Parental Rights and Adoption

Youc child is now an adult and you cannot do much other than persuade her that he was not a good dad and that is why he gave her up for adoption. If she chooses to speak with her then she can. If you have other children with your wife (adopted) and they live in California with you and her, then you defintely can do something to prevent him from contacting you and the child. Your wife can elect to collect back support if it was not formally waived by court order, but any evidence of the agreement can be submitted to the court at hearing on the issues and would put your wife in a bad light on the other issues.

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Answered on 11/05/07, 11:07 pm


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