Adoption in Wheat Ridge and Jefferson County can be an amazing experience for both the child and adoptive parents. However, sometimes things do not always go as planned. When an adoption is finalized, that doesn’t necessarily mean that it can’t be reversed. With good cause, one party can petition the court to reverse the adoption. This is not easily done, though, as the courts do not like to reverse adoptions once they have been finalized. There must be proof that the annulment of the adoption is in the child’s best interest.
Who Can Petition the Court to Reverse an Adoption in Golden and Mountainview?
The following parties can petition the court to reverse an adoption:
- The Adoptive Parents
Some common reasons why an adoptive parent may choose to try and have their adoption reversed is that the child’s needs cannot be met (severe or special needs), the child has destructive or dangerous behavior, the child is not attaching to the parents, or the child has negatively reacted to other children in the home.
- The Birth Parents
The birth parents can petition to have an adoption reversed, but if the adoptive parents are not on board, it generally doesn’t work. There must be clear and convincing evidence that the current adoption situation is harming the child. This is unless it is filed within the timeframe for changing their mind about the consent for their child’s adoption.
- The Adopted Child
An adopted child can petition for an adoption annulment. Usually this occurs when the child wants to be emancipated from the adoptive parents and is still under the age of 18, or if, as an adult, the adoptee wants to be separated from the adoptive family because of failed relationships with the adoptive parents.
Circumstances Under Which a Court will Grant an Adoption Annulment
Again, the court will only consider reversing an adoption if there is clear and concise evidence that the adoption is not in the best interest of the child. It’s not about the wants or needs of the biological or adoptive parents. There are a few other situations where an adoption can be reversed. If the adoption was ordered fraudulently or if the consenting parties were under duress, then it is considered invalid. Also, if one of the parties changes their mind during the 91 day timeframe before the adoption is finalized, it can be reversed or annulled.
If you are looking into adoption reversal, contact the best family law attorneys from the Pearman Law Firm at 720-259-9528 or for a free initial phone consultation.
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