Visitation Clause?

What is the name of your state?Massachussetts
Hi. I have three boys from a previous marriage and have remarried. They boy's father is in and out of jail and is a drug addict who is court ordered phone visitations only. Because he is an addict, he doesn't pay support and my husband would like to addopt the children because by doing so they would become eligible after X amount of time for coverage under his disabilty.

We have attempted to talk to the boys father about it, but he doesn't care about improving there situation. He feels that he shouldn't have to pay any support because I opted to have the children. However, he still wants to have visitation. Right now, the judge has ordered phone visitation only.

What we want to know is, in the case of a parent giving up a baby for adoption, there have been clauses written in allowing for the biological parent to maintain visitation rights. Is this applicable to our situation as well? My husband and I both feel that the boys should have some sort of relationship with their father because he is their dad and we do not want to deprive them of that. Thank you!

GILEADFARMS said:

What is the name of your state?Massachussetts
Hi. I have three boys from a previous marriage and have remarried. They boy's father is in and out of jail and is a drug addict who is court ordered phone visitations only. Because he is an addict, he doesn't pay support and my husband would like to addopt the children because by doing so they would become eligible after X amount of time for coverage under his disabilty.

We have attempted to talk to the boys father about it, but he doesn't care about improving there situation. He feels that he shouldn't have to pay any support because I opted to have the children. However, he still wants to have visitation. Right now, the judge has ordered phone visitation only.

What we want to know is, in the case of a parent giving up a baby for adoption, there have been clauses written in allowing for the biological parent to maintain visitation rights. Is this applicable to our situation as well? My husband and I both feel that the boys should have some sort of relationship with their father because he is their dad and we do not want to deprive them of that. Thank you!

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Yes, its possible to offer an "open" adoption...where the bio-parent could have visitation rights. However in many states those agreements are basically not enforceable under law. Therefore if you are in one of those states even if you make an agreement the bio-dad isn't protected.

You can certainly try to offer that kind of agreement.

Mass. is one of 17 states with a "binding" open adoption agreement contract. Now, if you do not continue with the openness, it will not nullify the adoption. It only means, that the state allows to make the contract to specify open adoption. The contract will state that it will remain an open adoption as long as everyone (including child after the age of 12 or 14) must agree to the continued contact.

With doing research on open adoption, not one has a true way to legally enforce an open adoption. The other states don't even recognize open adoption agreements. Most feel that it's up to the adoptive parents to uphold the best interest of the child.

Here's the laws for Mass..............................................
§ 6C. Agreement for Post-Adoption Contact or Communication.

(a) Prior to the entry of an adoption decree, prospective adoptive parents and a birth parent may enter into an agreement for post-adoption contact or communication between or among a minor to be adopted, the prospective adoptive parents and the birth parents. Such agreement may be approved by the court issuing the termination decree under section 3; provided, however, that an agreement under this section shall be finally approved by the court issuing the adoption decree. Any breach, modification or invalidation of the agreement, or any part of it, shall not affect the validity of the adoption. The adoption shall be final.

(b) The court shall approve an agreement for post-adoption contact or communication if the court finds that such agreement:
(i) is in the best interests of the child;
(ii) contains terms that are fair and reasonable; and
(iii) has been entered knowingly and voluntarily by all parties to the agreement. This requirement may be satisfied by an affidavit executed by all parties, either jointly or separately, that is filed with the court. The affidavit shall state that the agreement is entered into knowingly and voluntarily and is not the product of coercion or duress. The court may hear testimony from the parties to the agreement.

(c) To be approved by the court, an agreement for post-adoption contact or communication shall contain the following statements:
(i) This agreement is entered into pursuant to the provisions of section 6C of chapter 210 of the General Laws.
(ii) Any breach, modification or invalidation of the agreement or any part of it shall not affect the validity of the adoption. The adoption shall be final.
(iii) The parties acknowledge that either the birth or adoptive parents who have entered into the agreement have the right to seek enforcement as set forth in section 6D of chapter 210 of the General Laws.
(iv) The parties have not relied on any representations other than those contained in this agreement.

The agreement shall be signed by the parties and acknowledged before a notary public as the free act and deed of the parties. If the child is above the age of 12, the agreement shall contain the written consent of the child. If the child is in the custody of the department of social services, the agreement shall contain the written approval of the department and the attorney for the child. If the child is in the custody of a licensed child care agency, the agreement shall contain the written approval of the agency.

(d) To be enforceable, an agreement for post-adoption contact or communication shall be: (i) in writing; (ii) approved by the court prior to the date for entry of the adoption decree; and (iii) incorporated but not merged into the adoption decree, and shall survive as an independent contract.

(e) An agreement under this section need not disclose the identity of the parties to be enforceable; but if an identity is not disclosed, the unidentified person shall designate an agent for the purpose of service of process.

(f) An agreement for post-adoption contact or communication shall cease to be enforceable on the date the adopted person turns 18 years of age.

HISTORY: Added by 1999, 3, § 21, approved with emergency preamble, March 31, 1999, by § 26, effective July 1, 1999

Are you saying your husband gets SSDI currently? YOu do realize that the children can claim off the disability once you are married a year without the adoption, correct?

No, I didn't know that. We just asumed because my ex was court ordered to pay support that we would be inelligible for that! Since that is our primary goal, that eleviates the entire issue for us. My Ex currently has phone contact only, which is fine with us. Thank you, thank you, thank you for the info, that just made things 120% simpler for us. <I'd kiss you, but somehow I think that could be taken the wrong way,lol>

My ex was court ordered also and I honestly don't remember if they ever asked me if I got the support or not (I wasn't). Call his SS caseworker or check their website because I know my children drew off my husbands SSDI before we even started the adoption situation but we had to be married one year.