Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Adoption

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-26-2008, 02:39 PM
Junior Member
 
Join Date: Sep 2008
Posts: 1

bothered by family


What is the name of your state (new mexico)?
In 2005 a relative gave birth to a baby that tested positive for cocaine & marijuana. My husband and I became the foster parents of this baby and his two siblings. In 2007 we legally adopted the boys. The grandparents of these boys keep threatening to take these boys away saying they are taking us to court in 2009. My question is, Can they? The case has been closed since 2007. Is there anything they can do?
  #2  
Old 09-26-2008, 03:02 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
And on what basis do grandma and grandpa want to take you to court?


Q: My question is, Can they?

A: Yes.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 09-26-2008, 03:18 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,781
They can take you to court but doesn't mean they have a chance at winning.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 09-26-2008, 03:35 PM
Member
 
Join Date: Sep 2000
Posts: 968
If the adoption was finalized and all i's were dotted and t's crossed, unless there are extreme and extenuating circumstances, adoption is final - meaning no one can take your boys away from you. Let them threaten away...
  #5  
Old 09-26-2008, 03:41 PM
Senior Member
 
Join Date: May 2004
Posts: 41,400
Quote:
Originally Posted by jamdac View Post
What is the name of your state (new mexico)?
In 2005 a relative gave birth to a baby that tested positive for cocaine & marijuana. My husband and I became the foster parents of this baby and his two siblings. In 2007 we legally adopted the boys. The grandparents of these boys keep threatening to take these boys away saying they are taking us to court in 2009. My question is, Can they? The case has been closed since 2007. Is there anything they can do?
If you mean by "taking them away" that they think that they can get custody of the children, no, they cannot. You have adopted them, they are your children, the grandparents (who are no longer legally grandparents) have no standing to even sue for custody.

However, in some states (and I cannot remember if NM is one of them) standing to sue for grandparent visitation survives an adoption by a relative. However, they would have to prove that they have a relationship with the children and that the children would be harmed by that relationship being severed.

Have they been seeing the children? How much? How old are all three children?
__________________
in vino veritas
  #6  
Old 09-26-2008, 04:13 PM
Senior Member
 
Join Date: Jan 2003
Posts: 19,149
Quote:
Originally Posted by jamdac View Post
What is the name of your state (new mexico)?
In 2005 a relative gave birth to a baby that tested positive for cocaine & marijuana. My husband and I became the foster parents of this baby and his two siblings. In 2007 we legally adopted the boys. The grandparents of these boys keep threatening to take these boys away saying they are taking us to court in 2009. My question is, Can they? The case has been closed since 2007. Is there anything they can do?
YOU are their parents. Unless you are found legally unfit, there is no standing to remove your children from you. Parents have first priority in placement.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:06 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.