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We are in the process of adopting a sibling group. The parents have been TPR (dad is abusive) and The great grandparents have court ordered monthly visitation. We found out today the great grandparents are petitioning that the monthly visits be put in the final signing papers. What is the chance that a judge will agree to this?
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That would essentially be an open adoption agreement? If your state has those, it could be a possibility that it could go in the papers, though I can't imagine a judge doing that. I know it would NEVER happen here as my state does not recognize open adoption. And no matter what was agreed to before adoption, even if in writing, is not enforceable post adoption. I do love that about my state. We do happen to have visits with some bio family, but I love that the state feels that I am the parent and I can decide who my children see and don't see just as any birth parent would.
The only way I would agree to such thing is if there was "out" for inappropriate behavior or it was no longer in the best interest of the child.
elk134
That would essentially be an open adoption agreement? If your state has those, it could be a possibility that it could go in the papers, though I can't imagine a judge doing that. I know it would NEVER happen here as my state does not recognize open adoption. And no matter what was agreed to before adoption, even if in writing, is not enforceable post adoption. I do love that about my state. We do happen to have visits with some bio family, but I love that the state feels that I am the parent and I can decide who my children see and don't see just as any birth parent would.
The only way I would agree to such thing is if there was "out" for inappropriate behavior or it was no longer in the best interest of the child.
depending on their prior relationship (were they bonded? are they used to seeing their BGGPs regularly?), i can see the court proving some visitation prior to finalization
However, I don't see the court forcing a visitation on anyone
We were strongly encouraged to keep our DD connected with her brother (they shared a bunk bed their entire life and were/are extremely close).. but even that request was not forced on us
The state's priority to legal orphans (kid's post tpr and pre-finalization are called this in the state i adopted from) is finding them a good home. Given the risk that that home might refuse to adopt if pushed to agree to something, judges proceed with caution
I agreed (via mediation) to 4 visits a year with J's BM.. the court recommended that i think about this before agreeing.. even quarterly visits can feel excessive at times
There's no way that court would have agreed to monthly visits for 15 years :p
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