I was in the process of adopting my great nephews but due to personnal reasons, have opted out. I was informed that the boys maternal great grandparent has agreed to adopt them. My concern is since they are the mother's grandparent, the mother will somehow regain her children. In the future, can the great grandparents return the children back to the mom legally?
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Adoption
- Thread Starter pammy1000
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I was in the process of adopting my great nephews but due to personnal reasons, have opted out. I was informed that the boys maternal great grandparent has agreed to adopt them. My concern is since they are the mother's grandparent, the mother will somehow regain her children. In the future, can the great grandparents return the children back to the mom legally?
Based solely on your rather vague post..Yes.
If you would like a more comprehensive answer please elaborate on the background of this situation.
WHAT STATE?
Are the children in state care?
If yes...Why?
We are in the state of California. The childrens' mom is and has been a drug addict since her teenage years. She tooked drugs into her 4th month of pregnancy and smoked through her entire pregnancy. She is also bipolar. The children's dad has ADHD. The children are twins and they were 4 when they were placed in my husband's and my care. And yes, the children have behavioral problems, also diagmosed with ADHD (both of them). And one child's behavioral is a little extreme and I asked his doctor if he can be tested for possible bipolar. They have been sent home numerous times from preschool. Currently, one child is doing better in school and has not been sent home but the other continues to be sent home and now his schedule has been modified to part time. Anyway, the mother's parental rights have been taken away. The father has given up his parental rights. He himself had a troubled life, released from prison (gang activity) unemployed and recently had another child. The twins are up for adoption.
The great grand parents that want to adopot them live in Louisiana. I haven't mentioned this before but the twins also have two other sibblilngs that are currently living in Louisiana with other relatives and in process of adoption with those relatives.
The great grand parents that want to adopot them live in Louisiana. I haven't mentioned this before but the twins also have two other sibblilngs that are currently living in Louisiana with other relatives and in process of adoption with those relatives.
Well if you cannot adopt the kids then it is always possible that family members on moms side may get contact with her. Why can't you adopt? If these kids desperately need to be protected and a new home I would exhaust all efforts to adopt. If you cannot, what happens to the kids is out of your control.
Reply to Duranie,
It was a hard decision not to adopt. At the time the children was placed with me, I did not know them. I had no idea they had special needs. While in my care, I had to deal with the preschools because one week one child will cause problems, the next the other. I took them to countless apointments to diagnose their ADHD and wait weeks to get court approval to start ADHD medication. Due to their special needs, this will continue through out their lives. I am a working mom with other dependents and have been lucky that I still have a job. The children need a full time mom that can devote her time to meet their special needs and be available to pick them up from school/daycare when they are sent home.
I understand their mother will have contact with the children. But I am seeking legal answers as to the responsiblilty of adopting parents and can they legally turn them back to their mother without any consequences.
Thank you for your interest.
It was a hard decision not to adopt. At the time the children was placed with me, I did not know them. I had no idea they had special needs. While in my care, I had to deal with the preschools because one week one child will cause problems, the next the other. I took them to countless apointments to diagnose their ADHD and wait weeks to get court approval to start ADHD medication. Due to their special needs, this will continue through out their lives. I am a working mom with other dependents and have been lucky that I still have a job. The children need a full time mom that can devote her time to meet their special needs and be available to pick them up from school/daycare when they are sent home.
I understand their mother will have contact with the children. But I am seeking legal answers as to the responsiblilty of adopting parents and can they legally turn them back to their mother without any consequences.
Thank you for your interest.
Reply to Duranie,
It was a hard decision not to adopt. At the time the children was placed with me, I did not know them. I had no idea they had special needs. While in my care, I had to deal with the preschools because one week one child will cause problems, the next the other. I took them to countless apointments to diagnose their ADHD and wait weeks to get court approval to start ADHD medication. Due to their special needs, this will continue through out their lives. I am a working mom with other dependents and have been lucky that I still have a job. The children need a full time mom that can devote her time to meet their special needs and be available to pick them up from school/daycare when they are sent home.
I understand their mother will have contact with the children. But I am seeking legal answers as to the responsiblilty of adopting parents and can they legally turn them back to their mother without any consequences.
Thank you for your interest.
If the parents' rights have been terminated, and the great-grandparents adopt, then it would be a huge undertaking to legally return custody to the parents. I assume CPS terminated the mother's rights, so CPS would most likely become involved if the ggp are unable or unwilling to care for the children after adoption. In all likelihood, I would guess that the mother will never regain legal custody.
However, even if the ggp adopt, they may allow the children to return to live with the mother, not legally, but informally. In that case, I suppose you could contact CPS again.
Thank you Irish223.
If the ggp did allow the mother to take the children and it was not legal, and let's say the mother got into trouble again, and CPS regained the children, could the ggp be arrested, pay fines etc? Will they be taking a big risk? As the children get older and cause trouble due to lack of discipline while under the mother's care, wouldn't the ggp be responsible for the children's action as well?
If the ggp did allow the mother to take the children and it was not legal, and let's say the mother got into trouble again, and CPS regained the children, could the ggp be arrested, pay fines etc? Will they be taking a big risk? As the children get older and cause trouble due to lack of discipline while under the mother's care, wouldn't the ggp be responsible for the children's action as well?
Thank you Irish223.
If the ggp did allow the mother to take the children and it was not legal, and let's say the mother got into trouble again, and CPS regained the children, could the ggp be arrested, pay fines etc? Will they be taking a big risk? As the children get older and cause trouble due to lack of discipline while under the mother's care, wouldn't the ggp be responsible for the children's action as well?
Honestly, I'm not sure about the hypotheticals. I don't believe the ggp would be arrested or fined for allowing the mother to have the children again. I think they would just lose custody. Legally, I believe that if the children get into trouble, no matter who they're living with, the parents (ggp) are responsible.
Hopefully, if the ggp are planning to allow the mother that kind of access, CPS will find out and seek another placement.
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