Finding Solutions To Complex Issues

Can you un-adopt a child to avoid child support?

On Behalf of | Nov 21, 2016 | Child Support |

Most people understand that if they adopt a child, they are undertaking full parent responsibilities for that child. That means they are required to support them, care for them, and guide them. It also means that if the adopted parent ever divorces the birth parent, the adopted parent owes child support to care for the child. But one petitioner in New York refuses to accept those results and is promulgating a single argument.

Courts do allow people to reverse an adoption but only in extremely rare circumstances. The courts can and do grant them if there is sufficient evidence to show that there is an irreparable fracture in the relationship between the parent and child. Furthermore, the court must confirm that severing the relationship is in the best interests of the child.

A petitioner in New York is trying to avoid his child support obligation by filing papers with the court to un-adopt the child. In this situation, the child was the son of a previous relationship. The petitioner legally adopted the child in 2011 and raised the child as his own, since the child was four months old. But since the relations between the two parents fell apart, he has refused to speak or see his adopted son.

The court is unlikely to grant his petition because he is unable to proffer any evidence that severing the relationship is in the child’s best interest. Reversing the adoption would mean the child is no longer entitled to child support. The court is highly unlikely to consider reducing the child’s financial support to be in his best interests.

If you are engaged in a child custody and support dispute, you should speak with an attorney. A lawyer can go over your paperwork and situation and advise you on the best course of action to secure a fair and just support arrangement. You cannot un-adopt your child, but you are entitled to an equal custody and support arrangement.