There are many ways to grow a family, including adoption. In some instances, a child’s birth family will want to retain contact with a child and will request an open adoption. Usually, the open adoption contract will be made part of the order granting the adoption. If it is not, however, the court may see fit to amend the final adoption order, as illustrated in a recent California case. If you have questions regarding child custody or adoption, it is in your best interest to speak to a knowledgeable San Diego family law attorney about your options.
The Facts of the Case
It is reported that the two minor children were placed in the dependency system. They were then cared for by their paternal grandmother. The grandmother formally adopted both children but was having considerable difficulties caring for them. As such, she contacted an adoption agency and requested that the children be re-placed for adoption. She stipulated, though, that the children must continue to be a part of her family and that the adoptions must be open. Subsequently, the adoptive parents signed an open adoption contract.
Allegedly, after the court finalized the adoption, disagreements arose between the adoptive parents and the grandmother. The grandmother then discovered that the agreement had not been submitted to the adoption court and had not been considered or included in the original adoption order. As such, she filed a petition to amend the final judgment of adoption to include the agreement that was signed by the parties prior to the adoption. The Trial Court ruled that it did not have jurisdiction over the matter because the court that granted the adoptions failed to make the appropriate judicial decisions as to whether the post-adoption contact arrangement was entered into willingly and was in the best interests of the children. Therefore, it deemed the agreement invalid. The grandmother appealed. Continue reading