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It's been a while since I posted here. We were very busy organizing our case, getting all of our ducks in a row, and incidentally, becoming foster parents to twin infants.
We filed for adoption of our 4-year-old in mid-July. Our attorney fully expected her to follow suit. She did not. I'm still not sure why. The judge made it abundantly clear he wanted the parties to file for adoption.
Her placement hearing was scheduled for September 13th and 14th. Throughout the week leading up to court, her attorney was submitting additional exhibits, including some videotape from the first daycare he was in. He had ended up being removed from that daycare because I filed accusations of negligence, and they decided to close before they were closed down. Anyway, the owner of that daycare was also on her witness list, eager to lie to get her revenge I have no doubt.
The morning of court I was very nervous. The whole thought of testifying made me ill. My attorney advised that her attorney would probably be a jerk and that no matter how rude and obnoxious he was, I had to be polite and professional.
Well the morning of courst dawned bright and clear. We all took our places in the courtroom and were advised that her attorney would present her case first. Their first witnesses were her 6-year-old son and the 15-year-old half brother. She wanted them to testify together. All 3 opposing attorneys (DHHS, the GAL and our attorney) objected, believing the older child would influence the testimony of the younger child. So the older child testified and the younger child did not.
We then spent the rest of the day listening to caseworkers and the GAL from the case involving the 6-year-old. Then the supervisor for our case was called. This was the supervisor that she was friends with and had told her that she would get our child when the parents were TPR'd. Because DHHS had since sided with us on this case, she spent her time dodging direct questions about her relationship with the adoptive mother and occasionally directly lying about the events that unfolded that got us where we are now. She was on the stand for 3 hours being chopped up into little tiny lying bits.
After a brief lunch break, the original daycare worker was called to the stand. However, before her questioning could begin, the judge called for a 5-minute recess as DHHS was waiting for someone to arrive. During this recess her attorney approached our attorney and asked if we'd be willing to discuss the case separately before the court reconvened. Our attorney agreed.
We all went into a conference room, and she turns to us and says, "Before we start slinging mud at each other, we want to make a deal. We'll withdraw our petition for placement, if you agree that the boys can have continued contact." This was what we had agreed to when this whole thing first began. We had no intention of separating him from his brothers. We know the importance of that connection. So our attorney advised us to take the deal, and added a stipulation that "pending adoption" we would continue visits at their current rate, or better. All parties were in agreement.
When we returned to the courtroom it was announced that we had come to agreement and the petition for placement was being withdrawn. The judge was thrilled. So were we. We won, and I never had to take the stand!
It is amazing how stress can affect you. As soon as the judge dismissed the case, a weight lifted off me that I didn't even realize I had been carrying. My husband and I were both openly weeping at the relief of it all. The GAL and DHHS approached me and advised they would support whatever visit schedule we decided on. We would be permitted to call all the shots from here on out.
Our adoption will be finalized on September 27th!