Post Adoption Custody Petitions

Your ex-spouse did not adopt the children. You did, and are their sole legal parent. Under the law, your relationship to the children is the same as if they had been born to you. And because they are minors, you have the right to determine what is in their best interests.Your ex-spouse never was the legal parent of the children. He was their foster parent for a while, but only before the children were adopted.. Foster parents do not have ongoing parental rights; their rights are limited, and cease when children return to their biological parents, move to another foster home, or are legally adopted. When your ex-spouse decided not to adopt the children, when you and he were divorced, and when you went ahead and adopted the children, his limited rights ended, and his status became no different from that of any other former foster parent. Foster parents do not have any legal right or obligation to continue contact with their foster children once the children no longer live with them. Once you and your ex divorced, you went ahead and adopted the children. Your husband became, simply, a former foster parent. If you had adopted the children together, and you later divorced, he probably would have gained some parental rights, as spelled out in custody and visitation agreements, but he chose not to become their adoptive parent.As an adoptive parent, you decided that it might be good for your ex to see the children occasionally, as he had been their foster parent for a while. That was your right, and your right alone. You didn't have to do it. You did it because you thought it was in their best interests. Frankly, that was a very thoughtful and nice gesture on your part, as many children benefit from continuing contact with a foster parent after they are adopted.Unfortunately, it turned out that the children did not benefit from contact with your ex-spouse. In fact, quite the opposite occurred. As a result, you decided, with input from your children, to terminate their contacts with him. Again, that was completely your right, as their sole legal parent. You were not a divorced spouse breaking a visitation agreement; there was no custody and visitation agreement, because you and your ex divorced BEFORE you adopted the children. In fact, depending on your state of residence, the BIRTHPARENTS might have more of a right to see the children than your ex-husband does, if you have a formal open adoption agreement mandating a certain amount of contact.While logic says that a court will throw your ex-husband's petition out and say that he does not have standing to sue for custody, I would suggest that you spend a few dollars on an attorney, who can make sure that your parental rights are protected, in the unlikely event that the judge agrees to hear the case. It will be money well spent. Don't try to do it alone; your husband probably has already lined up an attorney to present his side of things. If you cannot afford an attorney, even for a couple of hours of work, see if Legal Aid will supply one, for the sake of the children.Sharon