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Dave Kennett
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Experience:  25 years experience as practicing attorney
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We legally adopted our granddaughter 7 years ago in the state

Resolved Question:

We legally adopted our granddaughter 7 years ago in the state of Mn. We now live in Ky. The birth mom, my wifes daughter signed off, but the dad never did. We had actually had her in our home for 3-4 years before the adoption. Her real parents were druggies and didn't want to deal with her. Prior to the adoption, the court made numerous attempts to locate her dad, but unsuccessfully. In that event, he was recorded as a deserter. We were issued a new birth certificate after the adoption, showing us as her legal parents. Its been 9-10 years since we have heard from the dad. However, we have heard he wants to take us to court to try and get her back. We want the security of knowing this can never happen. Our daughter us now 13, and is very happy, and is an a,b student in school. We are hoping to hear that our adoption is secure and irreversible.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - Nothing in law is ever 100% but in your case I know of no way the father could have the adoption overturned. The courts would have no reason to even hear such a case assuming the proper steps were taken as far as notice and procedure and due to the length of time I also believe the court would consider it not to be in the best interests of the child to completely disrupt her life at this late stage. You are legally the parents as this is not the same as if you had simply had custody so the father has no standing to ask for custody and would have to have a court decision of over 7 years overturned which is extremely unlikely. Obviously I have no way of legally guaranteeing anything from this website but if there is a sure thing in law this would appear to it. In five years, when she becomes a legal adult, she can decide if she wants to establish a relationship with her bio father but until then you are the ones in charge.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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