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A little back story:
We were placed with a baby girl from Texas through DCFS because we have adopted her biological siblings previously. She has been here since August. TPR happened in September according to the original caseworker.
Her case has been transferred to the adoptions unit and we now have a new caseworker. However, in the last phone conversation I had with the former worker, she told me that bio mom has the right to contest the adoption of the baby and asked if I thought she would.
I don't actually think bio mom will contest because she is the one who begged the judge to move the baby to us in court before TPR happened. We have a very open adoption-visits, pictures, letters, facebook contact, etc.
But now I am worried that she COULD contest the adoption. I didn't think that was possible after TPR as I know it isn't in private adoption. I thought there was a 90 day window to contest the TPR but then mom has no more rights. Can anyone share if this is correct? I so hope I misunderstood the caseworker...
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Yes. Mom could appeal the TPR the first 30 days. 1st degree family members could ask for consideration for the first 90 days past TPR. Both are up so it is now up to CPS/GAL/Judge who adopts (and they almost always choose the foster family; but additionally, YOU are kin through the siblings).
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servnjah
Yes. Mom could appeal the TPR the first 30 days. 1st degree family members could ask for consideration for the first 90 days past TPR. Both are up so it is now up to CPS/GAL/Judge who adopts (and they almost always choose the foster family; but additionally, YOU are kin through the siblings).
^^^^ This - I was told by our CPS CW just this week that bios have only 30 days to appeal, he didn't say anything about the other 60 days for other family, but there isn't any.
We have a date for TPR, CW said he will be turning over the case to the adoption side 30 days after the trial.
You have nothing to worry about, you have a good relationship with bio mom and as "fictive kin" you are going to be the first choice because you have the sibling. This is same as our case, Li'l Abner (current FS) is Li'l Singer's bio brother.
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I actually have two of her siblings (N age 5 and E age 2)!
I knew mom had 30 days to contest TPR but the caseworker specifically said she could contest the adoption finalization. I certainly hope she was wrong about that.
I do have a good relationship with both mom and her family. I just know how desperately she wanted to raise this baby as she is the last one possible. I am not too worried, just trying to make sure I understand the possibilities.
Thanks for the replies!
LoveBeingMama
^^^^ This - I was told by our CPS CW just this week that bios have only 30 days to appeal, he didn't say anything about the other 60 days for other family, but there isn't any.
We have a date for TPR, CW said he will be turning over the case to the adoption side 30 days after the trial.
You have nothing to worry about, you have a good relationship with bio mom and as "fictive kin" you are going to be the first choice because you have the sibling. This is same as our case, Li'l Abner (current FS) is Li'l Singer's bio brother.
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