Do step parents who adopt have priority over other relatives

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SnowBall
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Joined: Sat Jul 19, 2014 2:57 pm

Do step parents who adopt have priority over other relatives

Postby SnowBall » Sun Feb 26, 2017 9:28 am

I was curious if a parent who had a previous closed case that resulted in reunification allows their spouse (step parent of the child) to adopt their child, would the step parent who adopted the child have the same priority in placement as a biological relative of the child (grand parent, aunt, etc) if there was another case or investigation sometime in the future (after adoption was complete)? What about if the child had previously had kinship placement with a grand parent?

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KDus
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Location: Kansas City

Re: Do step parents who adopt have priority over other relatives

Postby KDus » Thu Mar 02, 2017 2:00 pm

I think I follow, and that kinda describes me both during my case and after.

There is a list of factors and a hierarchy of importance. It may vary by state but biologic relation isn't as important as it once was. The adoption, however, should be a strong factor and give you the same parental rights as a bio-parent.

My ex had full custody but I wasn't able to even visit my step-kids, of 7 years, during my case because I had no rights; even being married to their mother. Her ex got the kids for a while and I haven't seen them a visit just a couple weeks into the case.



I am not an attorney.

SnowBall
Posts: 49
Joined: Sat Jul 19, 2014 2:57 pm

Re: Do step parents who adopt have priority over other relatives

Postby SnowBall » Thu Mar 02, 2017 11:21 pm

As far as I know, and I have seen nothing different, other than the adoptive parents have same exact rights as bio parents. It would be a great way to divert a future case towards a certain person a parent would like their child to go to, just in case. That is what will be happening with my friend. She had a CPS case and was unhappy with how her relatives cared for her child and prefers how I am with her child. We will be getting married so that I can adopt the child. We are just jumping through the legal hoops required to get what we want. And I agree with it as it is pretty obvious that the child has a much stronger connection to me since he has consistently asked to see me, but not the relatives and I would like to be a part of his life.

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KDus
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Location: Kansas City

Re: Do step parents who adopt have priority over other relatives

Postby KDus » Fri Mar 03, 2017 9:15 am

Great. I was given legal advice in CA, that the other parent's rights had to be terminated first. And, that was almost impossible without marriage or CPS. We know CPS can do it but marriage gives the new partner the right to seek termination for the purpose of adoption. I was also told that it is a strong case if there is no contact for 2+ years. (we're past 4)

So, I'm curious if that is the case where you are and your situation. My GF has been wondering about the same thing for the same reasons.

Seems well worth doing for the kids security and expanding a network of support should you get a knock on the door.

SnowBall
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Joined: Sat Jul 19, 2014 2:57 pm

Re: Do step parents who adopt have priority over other relatives

Postby SnowBall » Tue Mar 07, 2017 8:00 pm

I'm in CA. But I believe it's possible in most states, although rules may vary. The child is 3 and the bio father has been 100% absent since before birth, so no visits, calls or support. He knew the mother was pregnant, but that's it. We don't know how to contact him, by phone or address and don't have anything besides a first name. The mom doesn't want anything to do with him, so won't go looking around for him, but it's not as if she could give him a call or send a letter. So it will just be a case of putting an ad in the paper to find some guy by a first name. Then we will move to adopt.

I was the first person to hold him in the hospital and have taken care of him most weekends (aside from the CPS case) since birth. There are relatives that pass the CPS test, but he just seems ok there, not happy. I can see his face light up with a big smile in photos that I take and it's not there in the relatives pictures and he has never said the kinship foster parents names even one time when he was around me, but he says my name frequently when I am away from him and asks for me and goes to the front door to check if I'm there, so I think I must take a more important role in his life.

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KDus
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Location: Kansas City

Re: Do step parents who adopt have priority over other relatives

Postby KDus » Wed Mar 08, 2017 7:34 am

While your importance and attachment between you and child is clear, it isn't a slam dunk. The process is strict and methodical.
I've been on both sides. I fought TPR and fought presumed parentage when the bio-father was begging for his rights.

You didn't address a vital question: Is there a father's name on the birth document?

The mother's interest in the guy is irrelevant. He probably has no interest in her, too, but he may want to know the child.

SnowBall
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Re: Do step parents who adopt have priority over other relatives

Postby SnowBall » Fri Mar 10, 2017 5:43 pm

The fathers first name is on the birth certificate. But he hasn't been located and it's been 3 years. He was a drug user and became homeless shortly after the child was conceived. And it sounds like that has been his circumstances for the following year at least.


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