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Okay my sister in laws daughter was adopted by her ex boyfriend and his new wife well we were wondering since we missed the appeal if there is anything else we can do because she was an awesome mom and we have no clue how he won the first appeal anyway i have heard that if something happens to the people who adopted her that she would go back to my sister in law and we are just trying to figure out exactly what the laws are for this and how they work thanks
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If the adoptive parents have designated guardians for the child in the event of their death (in their will or in another document) then that's where the child will go. If they were to die without a plan in place, then the child might be placed in temporary custody of a family member, then a court could appoint a legal guardian. It is not automatic that the child would be returned to your sister in law.
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hi,I would think if your sister-in law had her parental rights terminated,then the child would not return to her.the parents will decide who will take custody of the child in the event they both die.does she have any contact with the child?maybe she can discuss the father and adoptive mother putting something in the will about continued contact.
Kimber~
Some details are left out of your post and something seems amiss. For the ex and his wife to have ADOPTED this child and your sister-in-law have no visitation would require her parental rights to be terminated and that isn't something that casually happens. Something about her made a judge think she was NOT an "awesome mother". Could there be something about her that you aren't aware of? Did she not inform your family about her termination of rights or the appeals and give you guys a shot at custody? Perhaps she didn't want your family in court where you could hear the true story?
Did the ex just receive custody perhaps ...and not legal adoption? In that case, I would think your sister-in-law would have visitation.
If he and his wife actually got sister-in-law's rights terminated and wife adopted this child, then sister-in-law and your family have no way of reversing that at this point. From a legal standpoint, that child is now their child to do for as they deem fit. Which means they can leave her to anyone they appoint if something should happen to them and mom would not be able to do anything.
Please tell us more of the story so that we can be of better help to you.:coffee:
Kim