What is the name of your state? California
My husband and I are a fos-adopt family with our county. We adopted one child through fos-adopt with the county last year. In October of last year we had a one month old baby boy placed with us in a fos-adopt situation. The baby was basically abandoned at birth and the birth mom has been unable to be reached, but she was offered reunification services. The baby was placed with us at one month old, with CPS pretty certain that the birth mom would not come forward, and even if she does, she has too many criminal and mental issues that would keep her from getting custody or even visits with this child.
When the baby was three months old the maternal grandmother contacted CPS and now wants custody of the baby. The maternal grandmother claims she did not know her daughter was pregnant and had just found out about the baby. The grandmother lives out of state and claims that the baby has lots of family in her resident state of Ohio. CPS has ordered an assessment on the grandmother. My husband and I filed for defacto parent status and had our first hearing earlier this month. It was continued for two weeks because they found the birth mom incarcerated under an alias name and she was unable to be transported to the hearing due to medical reasons. The grandmother showed up at our defacto hearing with an attorney of her own and requested and received a visit with the baby.
We have hired our own attorney to be present at our defacto hearing this week and we will possibly retain her until the next hearing for the baby in April. We are told that the reunification services should end in April and the case should be moved into adoptions. We have the baby’s attorney and his social worker both saying they recommend the baby stay with us, but that it is ultimately up to the judge to decide.
My question is what kind of rights does the maternal grandmother have? We have had this baby for three months and have every intention of adopting him. We are hopeful that everything will work in our favor, but are scared at the possibility of losing our child.
My husband and I are a fos-adopt family with our county. We adopted one child through fos-adopt with the county last year. In October of last year we had a one month old baby boy placed with us in a fos-adopt situation. The baby was basically abandoned at birth and the birth mom has been unable to be reached, but she was offered reunification services. The baby was placed with us at one month old, with CPS pretty certain that the birth mom would not come forward, and even if she does, she has too many criminal and mental issues that would keep her from getting custody or even visits with this child.
When the baby was three months old the maternal grandmother contacted CPS and now wants custody of the baby. The maternal grandmother claims she did not know her daughter was pregnant and had just found out about the baby. The grandmother lives out of state and claims that the baby has lots of family in her resident state of Ohio. CPS has ordered an assessment on the grandmother. My husband and I filed for defacto parent status and had our first hearing earlier this month. It was continued for two weeks because they found the birth mom incarcerated under an alias name and she was unable to be transported to the hearing due to medical reasons. The grandmother showed up at our defacto hearing with an attorney of her own and requested and received a visit with the baby.
We have hired our own attorney to be present at our defacto hearing this week and we will possibly retain her until the next hearing for the baby in April. We are told that the reunification services should end in April and the case should be moved into adoptions. We have the baby’s attorney and his social worker both saying they recommend the baby stay with us, but that it is ultimately up to the judge to decide.
My question is what kind of rights does the maternal grandmother have? We have had this baby for three months and have every intention of adopting him. We are hopeful that everything will work in our favor, but are scared at the possibility of losing our child.