What to Do If a Biological Parent Causes Issues After Adoption

 Posted on December 22, 2023 in Family Law

When an adoption is finalized, all legal parental rights transfer fully to the adoptive parents as outlined in court orders. However, biological parents may still try to insert themselves into the child’s life afterward, potentially causing confusion and disruption. Handling this sensitive situation properly is key to preserving adoption rights. A Texas family law lawyer can help you if you find yourself in this situation.

Reiterate the Adoption Order’s Custody Transfer

If the biological parent attempts contact, politely reference the adoption order showing that as the legal parents, only you have the authority to make decisions related to visitation, information access, medical care, education, and similar issues. Explain further contact attempts violate the order. Then state you will pursue formal cease and desist measures if the behavior continues. Re-establishing proper custody boundaries may deter further oversteps.

Send a Written Cease and Desist Letter

If cordial reminders fail, a cease and desist letter from an adoption attorney carries more weight. The letter should define all objectionable contact to date and command the biological parent to immediately stop attempting visits, spreading disparaging remarks about adoptive parents on social media, showing up at the child’s school, or making legal decisions about the child. Make sure to preserve copies should documentation become necessary for court petitions.

Collect Documentation Should Legal Action Become Necessary

Keep thorough records of any further incidents after sending the cease and desist letter. Save printed copies of social media posts, emails, voicemails, or other messages. Note dates, times, locations, frequencies, statements made, photos and videos taken, or other relevant details. Eyewitness accounts from teachers, neighbors, and anyone else are also helpful. This concrete evidentiary timeline will support pursuing restraining orders if the harassment continues.

Petition the Court for Restraining Orders When Needed

If all other efforts fail, adoptive parents have legal rights to request restraining orders from family court against the disruptive biological parent in order to forbid them from approaching the child, showing up at the adoptive parents’ home and workplaces, or contacting them by phone or online. These orders can remain effective for defined periods, with violations resulting in police intervention or arrest. Restraining orders provide families the distance desired to live in peace while penalizing boundary breaches.

Contact a San Antonio, TX Family Law Attorney

By understanding the options available, adoptive parents can thoughtfully take appropriate steps to reinforce their legal rights to raise the adopted child undisturbed when needed after finalizations. A Bexar County, TX family law lawyer can guide you with the steps to protect you and your new family. Call Brandon Wong & Associates at 210-201-3832 to get started.