Intervention in Adoption Case

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Latest post 04-16-2010 12:19 AM by Drew. 1 replies.
  • 04-15-2010 2:44 PM

    • Jay1960
    • Not Ranked
    • Joined on 04-15-2010
    • TX
    • Posts 2

    Intervention in Adoption Case

    I have filed to adopt my deceased husband's children: ages 16 and 8, one day after my husband passed. The children's biological mother preceased my husband in death by four years. Since my filing, a maternal aunt file for intervention in the adoption and a motion to strike was grant due to lack of judicial interest. Now, two maternal great aunts and the maternal grandfather and maternal grandmother have each filed to intervene in the adoption with the alternative of sole managing conservatorship. None of them have had actual, care, control and possession of the children at any point in the boys lives. They may see the boys 6x per year within the last 2yrs (holidays). The maternal grandmother is also asking for visitations. The boys have lived with me for the past three years. My husband has been deceased for 6 months. I have been sole managing conservator since my husbands death. I have always been the one active with parent teacher conference, etc. I have never denied any family member reasonable access to the children. They have done a lot of horrible things and they have discontinued contact with the children since all of their frivilous filings and false accusations. The home study recommends to the court that the adoption be granted and is in the best interest of the children. The court appointed ad litem, says she does not recommend adoption because I could cut off the maternal family. There is no evidence that I have ever denied access. My husband last will states that his desire is for the children to remain with me and made a note that he gives consent for adoption. The maternal grandmother has also filed for visitation. Below refers to the limited right for her to do so. Because both parents are deceased: Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. A biological or adoptive grandparent may not request possession of or access to a grandchild if:
    (1) each of the biological parents of the grandchild has:
    (A) died;
    (B) had the person's parental rights terminated; or
    (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates an authorized agency, licensed child-placing agency, or person other than the child's stepparent as the managing conservator of the child; My question is, am I still classified as a stepparent if my husband passed away before I file for the adoption? My adoption in not filed as a stepparent adoption because I am no longer married to their deceased father. I'm filing as the person that has had sole managing conservatorship (not appointed by the courts) of the children for the past three years. Are there any case studies that deal with adoption of children when both parents are deceased and does the grandparents, great aunts,and etc have rights to visitation?

  • 04-16-2010 12:19 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,510

    Re: Intervention in Adoption Case

    As an aside--if you do NOT  adopt the children but they are placed with you as guardian/conservator or by some foster care situation, come time for college it is likely , unless either has assets or trust in own name,  that under the convoluted logic in FAFSA  that they move to front of need based aid line. They may also qualify for other need based public sector benefits as you are neither parent or adoptive parent. Whether they can come under your medical coverage is yet another puzzle of fine print.

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