Contested private adoption

It makes sense to me that the probate court would have jx. It would only fall to juv ct if the state was involved & it was a deprived docket. Try to stay as calm as possible. The court is doing their duty of performing the "best interest" test. The GAL has access to all parties & will give the court a report, which usually ends up being the basis of the decision. How long has the child been in your home? Keep in mind that the time in your home will be taken into account when trying to balance which is best. Also, make sure your attorney knows how willing you are to keep the child in contact with the siblings. Emphasizing that the connection will not be lost will be important to balance the argument that they must all be raised in the same home.

Not sure what a deprived docket is. He has been in our custody from birth (July). We started the adoption process in January and have been completing home studies. Probate court was aware from the beginning that there were other siblings living with another relative. We have been trying to keep contact with the other siblings but my sister won't allow it. We invite them to events but my sister never responds. She is bipolar and can be very unreasonable. We have to find out when they will be at my mother's and take the baby over there so they can see him. I am saving all records (texts sent) to show we are trying to keep contact. My older sister's only response so far is to ask us to leave him alone in her house. We cannot be present. That is not acceptable to us and our attorney says all we have to do is let her know we are home and that she can come over with the other kids any time. We are trying to show the court how reasonable we are being but it is difficult dealing with someone suffering from mental illness.

"The Court finds that notice has been given to all parties in interest; that all consents have been filed herein or have been found not required; that the allegations in the petition are true; that the minor has been lawfully placed in the home of the petitioner; that the minor has resided for a period of more than 30 days in the home of the petitioner in accordance with the laws relating to the placement of children; that the best interests of the minor will be promoted by the adoption and that the accountings, as required, have been filed, reviewed and approved. It is therefore ordered that an Interlocutory Order of Adoption is granted and this cause is continued until the minor has lived in the home of the petitioner for at least six months." We still don't understand why Juvenile Court is involved as this is causing us distress and financial hardship with attorney fees, GAL costs and time missed from work as we have to appear in court.

Normally, the best interests of the child should prevail. Most judges would interpret this as meaning that the child should be placed with the biological siblings, if possible, if he/she can't remain with the birthparents. HOWEVER, given that your older sister has a history of mental health issues and no means of support other than public assistance, it does seem that she should not be allowed to adopt the latest child. I think that the judge will look carefully at how serious your older sister's psychiatric diagnoses are and at state laws concerning adoption by people on public assistance in making a decision. And if the judge is leaning toward placing the child with you, you might want to ask the judge if he/she can order regular visitation with the siblings. This will, at least, show him/her that you recognize the importance of preserving the bond among siblings. Sharon

This makes no sense. We had to pay for the GAL. The plaintiff (my older sister) can't pay because her only sources of income are disability and the state money she gets for the other kids. My older sister is the plaintiff and my younger sister is the defendant. I am lisred as "other" in the juvenile court documents. Why do I have to pay for the GAL when neither the plaintiff nor defendant are paying? Our next court date (juvenile court) is January 8th. The adoption is supposed to be finalized on January 9th. My attorney doesn't know what is going to happen. I'm beginning to think she doesn't know what she is doing.

Have you discussed this case with a Quad A attorney? I understand it is a custody case, but it is running concurrent to an adoption case and they may be ale to help. They are the cream of the crop of adoption attorneys.

We ended up firing our first attorney and using the birth mother's attorney. She was more experienced in these matters. Our new attorney told us to cancel our appointment with the GAL and to not reschedule. We thought that was odd as it was court ordered and not an option. She assured us that this was the right thing to do. She also told us not to appear in juvenile court on January 8th. My older sister would just be there alone and get to make her case. Alone. My attorney would also not be present. We reluctantly agreed and started praying. On December 23rd our adoption attorney (a different attorney) told us that she had gotten word that the juvenile court judge would take no action in the case but would not cancel the January 8th court date. My older sister appeared in juvenile court on the 8th and had a meltdown in court when she found out the adoption would be finalized in probate court the next day. We knowtthis because juvenile court informed probate court of the situation and they were concerned for our safety. We went to probate court the next day and finalized the adoption! Juvenile court would not cancel proceedings until the adoption was finalized in probate court because there was always a possibility the adoption would not be completed until we signed the final paper work. The adoption ceremony was wonderful! Even the birth mother attended. I feel as if someone had been standing on my chest for the last six months and now I can breathe again! Looking forward to cementing our new family bond and even (hopefully) mending fences with my older sister. Some day. She was informed by juvenile court that she could re file a custody challenge against us and we believe she will do just that. Her task is monumentally more difficult as her argument of wanting to raise the children as an "intact family unit" is no longer valid. In the eyes of the law we are an intact family unit.

Wonderful news! Congratulations.

I am so happy for you! - and for your son, his birth mother - that he is safely where she wants him to be. I remember the feelings of relief - the underlying anxiety that dissolved when finalization happened. It feels so good! Congratulations!

February 11th We had one last Juvenile court appearance. The judge officially dismissed my older sister's custody petition. My wife, the birth mother, and I attended. My older sister did not show up for court. The judge was angry at this but was very pleasant to us. She congratulated us on the adoption and wished us well. Case closed.

Congratulations! I hope you can breath a little easier now.

Case closed indeed! Congrats!

How are you and the family? Hope all is well.

:cake: As we approach Logan's 1st birthday we are planning a grand celebration. Our other children have welcomed him with open arms and he is truly a blessing to have around. He was walking at 9 months and is starting to use his signs to ask for things (we teach all of our children sign language. No one has hearing problems but we got advice many years ago to teach babies to sign. It really helps them communicate earlier). We had hoped the birth mother would be more involved but, as expected, she has distanced herself and we rarely see her. I haven't seen her since the final adoption hearing. My older sister has, also expectedly, cut herself off from the rest of the family. Maybe some day we can mend fences but for now we are not going to worry too much about it. We have a beautiful son who shines a light on our lives every day. That is all we can ask for.

Perfectly said! Happy Birthday little guy! I hope his First Mom can be involved in his life somewhat more down the road and I'll pray for the siblings sake that your older sister gets her meds right! Sounds like you are doing well. Congrats!