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  #1  
Old 06-01-2004, 07:12 PM
ChevyGirl
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Step-Parent adopt--who can contest?


What is the name of your state? Missouri

My husband's daughter lives with us, but DFS has custody. They are in the process of terminating bio mom's rights. They will then release cusotdy to my husband. I plan to adopt when it is complete. Can the bio maternal grandmother contest this? Can anyone contest it or slow it down?

Edit: Also, if the state is the one terminating the parental rights of bio-mom, can bio-dad and I (step-mom) file for child support? I have heard that just because you lose rights, does not mean that you don't have to pay child support.

Last edited by ChevyGirl; 06-01-2004 at 07:18 PM. Reason: add another question
  #2  
Old 06-01-2004, 08:32 PM
Meursault
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The bio mother can contest. And forget support. Once the termination of rights proceeds, all rights and obligations cease. While it's true that arrearages are not forgiven in a TPR, future payments cease the second rights are terminated.
  #3  
Old 06-01-2004, 11:59 PM
ChevyGirl
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Lemme get this straight......


Bio mom CAN contest adoption even though she will have absolutely NO rights to the child? How can she do that? On what grounds can she do that? And also, my brother-in-law gave up his rights to his daughter and his ex's spouse adopted child, but he still has to pay child support and that was his decision to terminate, if her rights are terminated even though it wasn't her decision, she doesn't have to pay? It's not a big issue (the support) but I want to know what our options are. Thank you.
  #4  
Old 06-02-2004, 05:45 AM
Meursault
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Quote:
They are in the process of terminating bio mom's rights.
Remember that quote. It's not a done deal. Bio-mom can not only contest the adoption, she can file an appeal if the TPR is done and she has the financial resources and the court makes a mistake.

You didn't say that rights have been terminated. You said they are in the process. And until a judge issues the orders and the case has been adjudicated, bio-mom is stil lthe mother.

Now, how many times do I have to repeat myself. TPR terminates all rights to the child, except support arrearages. PERIOD!
  #5  
Old 06-02-2004, 07:49 AM
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Adoptive parents should expect to be treated, once they ARE adoptive parents, the same as any other parent- as the ONLY parents the child has. We don't expect bioparents to maintain any financial responsibility once WE become the child's parent. There are cases in which previous arrearages are paid off, but an adoptive mom or dad is the ONLY legal mom or dad that child has. And only the legal mom and dad maintain ongoing financial responsibilty for the child. When we adopt, we need to be willing to accept any and all responsibilty of that child forever.
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  #6  
Old 06-03-2004, 11:39 PM
ChevyGirl
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Quote:
Originally Posted by Meursault

Now, how many times do I have to repeat myself. TPR terminates all rights to the child, except support arrearages. PERIOD! You didn't say that rights have been terminated. You said they are in the process. And until a judge issues the orders and the case has been adjudicated, bio-mom is stil lthe mother.

Please, spare yourself and don't repeat yourself. I was simply mking sure that what you were saying was what I was understanding. You are so rude. I find it funny that what you are SWEARING can't happen, is happening.

You are correct to state that the rights are not terminated yet and blah blah blah. The question wasn't what will happen if they are, the question was, what will happen WHEN they are. My question is : WHEN HER RIGHTS ARE TERMINATED, CAN SHE OR ANYONE ELSE CONTEST THE ADOPTION AND ON WHAT GROUNDS CAN THEY DO IT???????

And as for the other reply as to when we adopt, we should take care of the child and ask for nothing else, I didn't ask for anyone's opinion, I simply asked for the law. You have no idea what our situation is, nor did you even ask. You made a blind statement about something that was none of your business. I asked for the LAW.

Last edited by ChevyGirl; 06-03-2004 at 11:43 PM.
  #7  
Old 06-11-2004, 09:54 PM
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When the rights of biomom are terminated (including any appeal she may make) she is totally out of the picture - including the adoption process. As far as biological grandparents- I believe their rights are terminated also. If there's no biomom, there's no biofamily.
  #8  
Old 06-11-2004, 09:59 PM
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Quote:
Originally Posted by Seanscott
When the rights of biomom are terminated (including any appeal she may make) she is totally out of the picture - including the adoption process. As far as biological grandparents- I believe their rights are terminated also. If there's no biomom, there's no biofamily.
You know SeanScott I asked this question at this site [url]http://parentsrights.com/[/url] about the whole bio parents family after a step-parent adoption and got some surprising info on that not only on the site but I was even e-mailed privately by a man who is in charge of an organization about that (I'm heading to work but I'll try to remember to e-mail that to you sometime tomorrow) in the state of Indiana. According to them it COULD still happen. But as we all know anyone can sue anyone for anything.. wether they win is another story.
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  #9  
Old 06-11-2004, 10:03 PM
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You're right tig. I have several cases I'm studying now on the appellate level that have given grandparents visitation rights After TPR proceedings.

But the situations are vastly different and the states are divergent on their opinions.
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  #10  
Old 06-11-2004, 10:07 PM
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Quote:
Originally Posted by BelizeBreeze
You're right tig. I have several cases I'm studying now on the appellate level that have given grandparents visitation rights After TPR proceedings.

But the situations are vastly different and the states are divergent on their opinions.
I agree on that all states are different thing. I found some info there that was pretty interesting concerning grandparents rights and such. PERSONALLY my opinion on it is that unless the child is being abused or neglected by the bio parent the grandparents shouldn't be allowed legal visitation.. EXPECIALLY in IN TACT famlies. Of course there is an exception to every rule but that's my thinking. I mean I should have the right as my child's parent to decide who my child is with and I don't care it that is my parents, my ex's parents or my husbands parents.
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