I'm confused and upset

[smcgarry]

What is the name of your state? Texas
My husband and I fought for conservatorship of our Grandchild and last Dec. the bio parents both terminated their rights. We went to mediation and signed an agreement that gave the paternal grandma some visitation. We stuck to the agreement, even though we didn't like it because every time the child, who was only 2 came home the child was sick. We had to pay Dr's bills and miss time from work, not to mention the added stress of a sick, stressed out child. (Yes, the visits were overnight.)
Finally, in May of this year we thought we adopted. We went in front of a Judge, the adoption was filed with the court and the child's last name was changed through vital statistics...and still we allowed visitation with the other grandma because in the order granting adoption it said her visitation was to remain the same as in the previous order.
Recently the grandma started acting differently toward us and the last time she brought the child home, (now 2 1/2), the child acted scared to death of me! Also, the paternal granma's attorney filed a notification to the court saying the paternal grandma wants joint managing conservatorship with the right to designate where the child lives.
We don't know where this came from, but found out that the attny who did the adoption did not notify the paternal grandma of the adoption.
We have had custody of this child for over 2 years and cannot even imagine loosing her to this angry woman!
Can someone tell me what usually happens in these cases?
I am heartbroken and angry and yes, have hired a new attorney, but he doesn't seem to know what is going to happen and says ours is an isolated case.
Thank you for any information you might be able to offer.

 

[nextwife]

Texas Adoption Laws, http://laws.adoption.com/statutes/texas-laws,3.html
Consent Laws
Who Must Consent to an Adoption

Statute: Fam. Code § 162.010

* The managing conservator must consent.
* If a parent of the child is presently the spouse of the petitioner, he or she must join in the petition for adoption.

Age When Consent of Adoptee is Considered or Required

Statute: Fam. Code § 162.010

* The managing conservator must consent. If a parent of the child is presently the spouse of the petitioner, he or she must join in the petition for adoption.
* A child 12 years of age or older must consent, unless the court finds it in the child's best interest to waive consent.

When Parental Consent is not Needed

Statute: Fam. Code §§ 161.003; 161.005; 161.006; 161.007

* The parent is unable to care for the child due to mental illness.
* The parent has voluntarily terminated parental rights.
* The parent has no right of consent after an abortion where the child survives.
* A person is convicted of a crime resulting in the birth of a child.
* The parent's rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or neglect.

When Consent Can Be Executed
Statute: Fam. Code §§ 161.103; 161.106

* The birth mother may consent no sooner than 48 hours after the child's birth.
* A man may sign an affidavit disclaiming any interest at any time before or after the birth of the child.

How Consent Must Be Executed

Statute: Fam. Code § 161.103

* A consent must be signed by the parent, whether or not a minor, witnessed by two credible witnesses, and verified by a person authorized to take oaths.

Revocation of Consent
Statute: Fam Code §§ 161.1035; 162.011

* An affidavit of relinquishment that fails to state that it is irrevocable can be revoked before the 11th day after signing.
* On the 11th day, consent becomes irrevocable.
* Any time before an order granting an adoption is filed, consent may be revoked by filing a signed revocation.

***********************************************************

I did not see where a non-minor consenting to adoption needs the CONSENT of their parent in order for the adoption to be valid.

Is biomom a minor? Did the State terminate parental rights, or was it voluntary?

 

[LdiJ]

What is the name of your state? Texas
My husband and I fought for conservatorship of our Grandchild and last Dec. the bio parents both terminated their rights. We went to mediation and signed an agreement that gave the paternal grandma some visitation. We stuck to the agreement, even though we didn't like it because every time the child, who was only 2 came home the child was sick. We had to pay Dr's bills and miss time from work, not to mention the added stress of a sick, stressed out child. (Yes, the visits were overnight.)
Finally, in May of this year we thought we adopted. We went in front of a Judge, the adoption was filed with the court and the child's last name was changed through vital statistics...and still we allowed visitation with the other grandma because in the order granting adoption it said her visitation was to remain the same as in the previous order.
Recently the grandma started acting differently toward us and the last time she brought the child home, (now 2 1/2), the child acted scared to death of me! Also, the paternal granma's attorney filed a notification to the court saying the paternal grandma wants joint managing conservatorship with the right to designate where the child lives.
We don't know where this came from, but found out that the attny who did the adoption did not notify the paternal grandma of the adoption.
We have had custody of this child for over 2 years and cannot even imagine loosing her to this angry woman!
Can someone tell me what usually happens in these cases?
I am heartbroken and angry and yes, have hired a new attorney, but he doesn't seem to know what is going to happen and says ours is an isolated case.
Thank you for any information you might be able to offer.

Ok...take a big deep breath.

If you legally adopted the child that makes you the child's parents. In most states it is not required to notify grandparents when an adoption takes place, so its possible that your previous attorney did nothing wrong. Also, if the grandparents were required to be notified and weren't...then the adoption wouldn't have proceeded. The judge would have halted things and required the grandparent to be served.

If you haven't actually paid the new attorney a retainer you may want to talk to a few more before making a decison on who to hire. You should at least consult with one or two attorneys who specialize in adoption. Your case isn't all that "isolated" unless there are major details missing.

You also need to realize that unless there are true fitness issues....that "status quo" is strong in custody cases. The other grandma has little chance to get custody changed if she cannot prove you either unfit or that their is some material change in circumstance....assuming that the adoption isn't valid, and I am not at all sure that is the case. If the adoption IS valid....grandma has no chance at all.

Please consult with a few more attorneys....even if you have already retained the one that you have now.

 

[smcgarry]

The bio mother and father were 19 and 20 when they terminated, and the paternal grandma had filed an intervention into the temporary suit last Summer before the bios terminated, which I was told made her a party to the suit.
The adoption attorney had told me that paternal grandma had to be notified since she was a party to the suit, but paternal grandma says she was not notified.
What my husband and I have questioned all along is why, if we legally adopted the child do we have to allow ANYONE have visitation with child that we don't feel is in the child's best interest.
Thank you all so very much for your support.
I have read over and over again the Texas statutes regarding adoption and it's kinda confusing...STILL!
I told my husband that I didn't think the Judge would have allowed the adoption if everything wasn't in place, but these attorney's have me so twisted and confused I don't know if i'm coming or going.
We do feel that the paternal grandma is hostile and seeking revenge at this point for "steeling" this child from her son, who doesn't want, (and never did want) anything to do with this child.
I certainly hope that Texas statutes stand in our favor!
Thank you so much. I'll try to remember to come back and post after we find out what's going to happen!

 

[smcgarry]

By the way...the paternal grandma was named as a possessory conservator in the mediation agreement, but was never named any kind of managing conservator!

 

[LdiJ]

The bio mother and father were 19 and 20 when they terminated, and the paternal grandma had filed an intervention into the temporary suit last Summer before the bios terminated, which I was told made her a party to the suit.
The adoption attorney had told me that paternal grandma had to be notified since she was a party to the suit, but paternal grandma says she was not notified.
What my husband and I have questioned all along is why, if we legally adopted the child do we have to allow ANYONE have visitation with child that we don't feel is in the child's best interest.
Thank you all so very much for your support.
I have read over and over again the Texas statutes regarding adoption and it's kinda confusing...STILL!
I told my husband that I didn't think the Judge would have allowed the adoption if everything wasn't in place, but these attorney's have me so twisted and confused I don't know if i'm coming or going.
We do feel that the paternal grandma is hostile and seeking revenge at this point for "steeling" this child from her son, who doesn't want, (and never did want) anything to do with this child.
I certainly hope that Texas statutes stand in our favor!
Thank you so much. I'll try to remember to come back and post after we find out what's going to happen!

Again...my advice is to take a big deep breath and to consult other attorneys if you don't feel confident with the one that you have hired....or even if you do feel confident.

Even without an adoption the odds are in your favor....because you currently have custody of the child. The adoption just makes your case stronger....and should actually make it a "slam dunk". That is why I am a bit concerned that you are either leaving something out or that you haven't hire the best attorney.....and therefore should consult other attorneys.