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hi guys,
im actually posting this for the aparents of my childrens birth brother.
birthmom has been bringing them into court due to now fullfilling the open agreement.
history, amom and bmom had an open adoption agreement, but bmom took off to another state to have another baby.
bmom did send her 3 yr old bson a picture of her and bdad making out in one of the coin photo booths.....and amom admitted that she did not show 3 yr old son the picture because she found it inappropriate.
i saw the picture, amom is correct on that.
well, they have been in and out of court...
amom feels that judge just doesnt like her. she calls birthmom and birthdad the boys parents.
and she calls the son, by his birth last name, which is not his legal name anymore.
the judge admits that she takes this case personal, she has been the same judge with all of birthmoms children.
anyway, the judge decided that the open adoption contract needs to be modified and has decicided that the birthmom and birth dad can have more visits then what the original contract has said...
the first one will be in october,and the amom is being asked to give her child to a stranger (a mediator), but stranger to the child, and the stranger then brings the child to his birthparents, who he doesnt know.
is this fair? does she have any legal standing because she is now the legal parent of her child?
she is clearly very upset and really feels the judge just doesnt like her.
the birth mom has lied on the stand to say that amom is constantly giving her a hard time....
the fact is, the amom has no contact with bmom since bmom disappeared...the only thing amom did wrong, supposedly, was refuse to show her son the picture.....
the picture is of bmom, who is goth now, wearing all dark makeup and black clothes, toungue kissing birthdad, clearlly the picture wasnt taken for a 3 yr old boy, it looks like they were at some fair on a date and decided to get photos of themselves.
i guess the question is, is there anything she can do?
the judge changing the original agreement, is that ethical?
legally does she have to turn her child over to a stranger?
is it common in a court room, that the birthparents are called the childs parents and using the birthname in place of the childs legal name now? or does that sound like the judge is in favor of the birthparents no matter what?.
clearly this has thrown her for a loop and she doesnt know what to do.
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Dadfor2,
I'm guessing that open adoption agreements are legally enforcable in your state. If so, than she and her attorney should immediately appeal the ruling, citing judicial conduct among other things, and apply for a stay of execution of the order (meaning a halt to complying) until the appeal can be heard.
Further, she can file a complaint with the superior court regarding this judge's conduct and behavior towards the case - i.e. using inappropriate name, admitting personal involvement, etc. Using a name other than the legal name can by itself be a basis for appeal, as she is not correctly naming the legal entity involved. It's as if she used your mother's maiden name to address you. The law does not recognize any name other than the legal one. She can be subject to sanction and disciplinary action if she allowed her personal feelings to interfere with the ruling of law.
HTH, honestly it's situations like these that are thea basis for me not advocating specific performance open adoption agreements. IMHO they create more issues than they solve.
Regina
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