I don’t believe that parental rights can be signed away unless there is someone to adopt, or the courts remove those rights, so there should be some record of that. It’s my understanding that it’s difficult to sign away your parental rights and that court approval is necessary, even if it’s voluntary.
The adoption records may be sealed but there should be a public record of the court approving the removal of his parental rights. If he can remember when it was and what county there should be a way to find those records…
As another point…if he can find proof of the adoption or his reliquishing his parental rights then that may very well get her in trouble. I’m sure that filing for child support knowing that the father signed away parental rights and that your husband has adopted the child would be considered fraud…
Has the ex made any comment about either of these two facts?
You need to find a copy of the paperwork proving the adoption. If you cannot find this on your own you may want to try and hire a private investigator to help you find these records.
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If a child is adopted by the step father, can the mother file for child support with the biological (presumed) father?
Briefly, here is our situation. My husband is not certain if child is indeed his. His daughter’s mother married and her husband adopted the daughter. However, after many years, after my husband and I had a son of our own, the mother filed for child support. She did not tell the courts that her child was adopted by her husband. When my husband went to court he did not have a lawyer ( we cannot afford one at this time). He tried to tell the judge that the daughter had been adopted, but was dismissed. Child support enforcement tells him that he must provide proof of the adoption. He did sign away his parental rights, but many years ago when he was young. He does not have a copy, nor remember the lawyers name who handled the document. We have tried to find record of the adoption, but could not. WE NEED HELP! What must we do???