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who can adopt?

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H

howelady

Guest
What is the name of your state? Iowa

I was wondering....

My husband and I have a daughter and another child on the way. If there would happen to be an accident to where my husband and I dont survive, where would our children go? I know that the best thing to do is have it written up, but I guess, my main question is, if one of our parents was convicted of molestation more than 15 yrs ago, would the courts frown on that for the kids to go live there with them? How does that work with that being part of a history? Any help would be appreciated.
 


nextwife

Senior Member
Ok, you are talking about two DIFFERENT issues here.

IF you both died, adoption is generally NOT the issue. The children will be placed via a guardianship. Usually, the court will honor the wishes of the deceased parents that were properly set out in a will AS LONG as it does not conflict with anyone elses parental rights. As you are BOTH the bioparents, rather than only one of you, chances are, unless someone else is fighting for custody and guardianship, the court will honor your wishes for placement with the next closest biorelative. So, if you both named a set of grandparents, likely the court would honor that. To my knowledge.

However, IF there is a history of sexual molestation, I would REALLY rethink that placement!!!!!!!!! Is that risk in your child's best interest?

However, in adoption, at least in ours, a criminal background check and FBI fingerprint check were done. And yes, the forms specifically requested a check for matters such as abuse and sexual molestation of a minor. And whether either of us had ever had a child removed for those reasons AND checked on ANYONE who would be residing in the home with us and our child (there was nobody else, but the idea is to know if a grandparent, sibling or older child in the home had a history).
 

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