My children are adopted by my soon-to-be ex-wife and are afraid of her. She rarely has anything to do with them since she abandoned us last year and has been verbally and mentally abusive to all of us.
Since she is not the biological mother, can we vacate the adoption all together?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
In some states the court may vacate an adoption if it is in the “best interest of the child.” This standard is commonly used by courts when deciding certain issues regarding children. The court will consider the specific reasons for vacating the adoption.
It is unlikely the court will grant the reversal simply because the adoptive parent no longer chooses to have parental responsibility of the child (i.e. financial obligations), or one parent no longer wants the adoptive parent to be a part of the child’s life.
You state that your “soon to be ex-wife” has abandoned you and the children. I am not sure if you have already begun the divorce process; but if you have, the court will most likely consider the evidence of abandonment, along with the verbal and mental abuse in determining the custody issues for the children.
I would encourage you to keep a journal of any visitation, verbal and mental abuse, and any other specifics which you believe may be relevant.
As mentioned earlier the court will use the best interest of the child standard in determining a visitation schedule and parental responsibility for the children. In Florida, where I am licensed to practice, there are certain factors the court will use in considering the best interest of the child standard. Some of these factors include; the length of time the child has lived in a stable and satisfactory environment, the moral fitness of the parents, the reasonable preference of the child, any evidence of domestic or sexual violence, and child abuse, or abandonment, and any other factor that is relevant to the determination.
Remember I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.