recind step parent adoption?

March 11, 2014

My adult daughter married when her daughter was 10 months. New husband adopted her daughter. Finding out now the marriage as been abusive and is ending. Husband is planning on fighting for full custody of child now age 3. My question is once the child is adopted is it a custody battle the same as if it were his birth child? Or can the adoption be reversed?

Husband has been physically abusive to daughter and spanks the 3 year old. One of their main arguments, since she does not. Any advice?

NDN

March 11, 2014

stopsign

My question is once the child is adopted is it a custody battle the same as if it were his birth child? Or can the adoption be reversed?

Husband has been physically abusive to daughter and spanks the 3 year old. One of their main arguments, since she does not. Any advice?

Once the adoption is final, the law views it as if the child was born to him. There has to be a pretty significant circumstance to reverse an adoption & his being abusive probably won't do it. She's most likely going to have to fight the custody battle & show his abuse towards the child (abuse against the wife often isn't enough) & such in order to get custody and/or measures to protect the child. Also, she isn't going to have any control over whether or not he spanks the little one, unless she can show it crosses the line to abusive (she's going to have to produce evidence of bruises, harm, etc.). She may want to consult with an attorney asap.