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Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
My question involves adoption law for the State of: FL
I adopted my husband's son after his mother passed away. Prior to the adoption, my husband made an agreement with the maternal aunt for visitation who lives in CT. CT agreement states "The Court shall retain jurisdiction in CT". This agreement was made on 9/25/12 and my son moved to FL on 6/14/12. I filled for adoption on 11/21/12. FL requires the UCCJEA to be applied to adoption cases at the point where you're terminating the parental rights. But I'm told when the parent is deceased and it's a stepparent adoption, the termination of rights isn't really required. Which leads me to, does the UCCJEA apply to adoption if the parent is deceased? CT doesn't even required the UCCJEA in adoption cases so I'm hoping that FL appellate courts recognizes that. But the UCCJEA protects anyone who has custody of some kind so the fact that the agreement states my son visits CT twice a year apparently means the aunt has some kind of custody right yet she is not a person who requires consent to the adoption. During my son's Christmas visit in 2013, the aunt filed with CT court trying to get custody and although she was given a hearing, they denied her motion because they felt they did not have jurisdiction over the case since I adoption my son. My intent to adopt my son was to give him another legal person to take care of him. I had no intention of not allowing my son to continue visiting his family in CT. My interpretation of the adoption process was that at a minimum the adopting parents needed to have lived in FL for six months. None of the paperwork said anything about the child needing to live in FL nor did the judge notice he didn't live her for six month. It is literally 22 days shy of six months. The lower court denied her motion to vacate the final adoption based on he did see her as someone who could even challenge the adoption, it had been more than one year and there's one more issue. When I filed the initial adoption paperwork, I didn't fill in the mother's name that we were terminating rights for and didn't attach the death certificate. So I had to file a motion to modify/amend the adoption and the new file date was 1/4/14 which meets the UCCJEA requirements. Even though the UCCJEA somewhere states the initial filing, the judge decided that nothing would come out of this if he over turned the adoption since all I needed to do was refile the adoption. Can someone please help with a good legal argument because I have to create a brief myself and I can't find any case law to help me.
Thank you
Shannon
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Shannon, the problems you're experiencing is one reason that adoption is NOT a DIY project. You need an attorney.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Well thank you for your opinion but I thought this was a place for well thought out educated information.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
Well thank you for your opinion but I thought this was a place for well thought out educated information.
You don't get to come on here and be disrespectful of people. Second, your post is garbled, not very well thought out and hard to follow. Third, we have NEVER given people legal arguments to use on their cases. We answer questions, but no one here is going to fight your case (or help you fight your case) for you.
But your attitude leaves MUCH to be desired.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
I thought this was a place for well thought out educated information.
It is.
But litigating at the appellate level is complex and procedurally driven.
I've done it.
But it took me months of research in a law library before I could even begin to right my briefs.
It's not something you can learn here in just a few minutes.
You're in way over your head and you do need a lawyer.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
Well thank you for your opinion but I thought this was a place for well thought out educated information.
It is. But it's not for explaining the ins and outs of your particular case.
Adoptions are rarely something one should do on their own, even if all parties are in agreement. The problem you have is a jurisdictional issue and those can be a nightmare to navigate even with an attorney. Without one, it can be as bad as trying to prevent the tide from coming in.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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adjusterjack
It is.
But litigating at the appellate level is complex and procedurally driven.
I've done it.
But it took me months of research in a law library before I could even begin to right my briefs.
It's not something you can learn here in just a few minutes.
You're in way over your head and you do need a lawyer.
TMI!! TMI!!!!! *giggles*
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
What is her motive for appealing in the first place?
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
She's only claiming jurisdiction. We argued that she isn't a person who has the right to request to set aside the adoption in the first place plus she waited more than an year to even act on it. All were points agreed at the lower court level. She's stating that CT had subject matter jurisdiction. My thoughts is that CT does have jurisdiction over the child custody, not anything else. They don't state they have jurisdiction over all matters pertaining to the child, just that they have jurisdiction.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
She's only claiming jurisdiction. We argued that she isn't a person who has the right to request to set aside the adoption in the first place plus she waited more than an year to even act on it. All were points agreed at the lower court level. She's stating that CT had subject matter jurisdiction. My thoughts is that CT does have jurisdiction over the child custody, not anything else. They don't state they have jurisdiction over all matters pertaining to the child, just that they have jurisdiction.
That is her basis of the appeal. Its not her "motive" for appealing. What is her motive for appealing. Why doesn't she want you to be the child's mother? Why did she attempt to file for custody in December?
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
I apologize, you're right, I didn't answer the question. Her motives are for a couple of reasons, 1) my son receives social security and it's more money than she makes a month. She's attempted to get this check several times in this whole process 2) she wants to be sure her order stays in tact so that she still gets to be in my son's life and if anything ever happened to my husband, she would probably be able to gain custody. We haven't stopped her from being a part of his life. Even after the adoption, we sent him to CT for Christmas for more than the agreed upon time. But in December she alleged that my son was underweight and malnourished and was able to get the courts to allow her to keep the child in CT until the hearing date. Then the very next business day, she went to Social Security to try and transfer the check to her. We had to fly up to CT and provided the court with physicals and school record showing he was in good health and doing well in school. They also had a GAL appointed who did not see anything wrong with my son. So they denied her motion.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
I apologize, you're right, I didn't answer the question. Her motives are for a couple of reasons, 1) my son receives social security and it's more money than she makes a month. She's attempted to get this check several times in this whole process 2) she wants to be sure her order stays in tact so that she still gets to be in my son's life and if anything ever happened to my husband, she would probably be able to gain custody. We haven't stopped her from being a part of his life. Even after the adoption, we sent him to CT for Christmas for more than the agreed upon time. But in December she alleged that my son was underweight and malnourished and was able to get the courts to allow her to keep the child in CT until the hearing date. Then the very next business day, she went to Social Security to try and transfer the check to her. We had to fly up to CT and provided the court with physicals and school record showing he was in good health and doing well in school. They also had a GAL appointed who did not see anything wrong with my son. So they denied her motion.
Wow...she does indeed seem pretty motivated by money. I think that in the end, she is going to fail at her pursuit, but I still recommend that you get an attorney to handle this. Does she have one?
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Yes she was able to afford an attorney due to the very large IRS refund of $10K due to EIC eligibility. So I anticipate she will spend every dollar of that on her appeal. My current attorney that handled the Motion to set aside the final adoption verdict states that I will likely lose the appeal and that I will have to refile the adoption. So I decided why should I pay that kind of money for something I will likely lose. At the end of the day, I will refile my adoption and she won't be able to appeal it and now she's burned these bridges so I will work to remove the agreement based on my rights to raise my son how I wish. I am just going to respond to the appeal myself. I just thought if I can squash it without paying that kind of money, I should at least try and if lose, I only lost my time and effort. Not $10K....
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
Yes she was able to afford an attorney due to the very large IRS refund of $10K due to EIC eligibility. So I anticipate she will spend every dollar of that on her appeal. My current attorney that handled the Motion to set aside the final adoption verdict states that I will likely lose the appeal and that I will have to refile the adoption. So I decided why should I pay that kind of money for something I will likely lose. At the end of the day, I will refile my adoption and she won't be able to appeal it and now she's burned these bridges so I will work to remove the agreement based on my rights to raise my son how I wish. I am just going to respond to the appeal myself. I just thought if I can squash it without paying that kind of money, I should at least try and if lose, I only lost my time and effort. Not $10K....
I would consult another attorney or two first. You don't have to retain one, just consult and see what they think. Why does your current attorney think that you are going to lose?
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
something makes absolutely no sense here. The step mother, you know, the woman married to the father of the child adopted the child.
even if there was no adoption, aunt would still have to wrest custody of the child from his natural and legal father before ever being able to attempt to gain custody of the child.
where is the father in all of this?
Something really seems to be missing from this story. It makes absolutely no sense as long as the father of the child is alive and not otherwise precluded from retaining custody of his child.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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jk
something makes absolutely no sense here. The step mother, you know, the woman married to the father of the child adopted the child.
even if there was no adoption, aunt would still have to wrest custody of the child from his natural and legal father before ever being able to attempt to gain custody of the child.
where is the father in all of this?
Something really seems to be missing from this story. It makes absolutely no sense as long as the father of the child is alive and not otherwise precluded from retaining custody of his child.
I don't see anything missing. Auntie thinks she has more rights than she has because she has a visitation order. She is still hoping that some day she can get custody and that social security check and doesn't want to give up the possibility of that happening. If the child has two legal parents, then her odds of ever succeeding are even slimmer.
The fact that her last attempt at custody got dismissed because CT decided they didn't have jurisdiction because of the adoption, is exactly why Auntie wants the adoption vacated. Auntie isn't considering the fact that she would have lost the case anyway.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Because based on the UCCJEA, my son would have to live in FL 6 months before I could file for adoption. I was 22 days shy of 6 months. I did speak to an appellate court attorney and she didn't seem to think I'd win either. But at the same time, they are also trying to sell themselves to gain a client. She basically stated she would have to research further before she could say for sure what she thought.
You're exactly right. In the end she doesn't win and causes more problems with a relationship with us all. It's very sad that she's doing this because my son is old enough to understand her motives.
The father is still here with us. He's a cocky son of a gun. Doesn't worry about much of this because it's his son and no one is going to take his son from him. The real issue is, he is a recovering addict who at anytime can fall off the wagon. He's been doing good for many many years. But I think the aunt is banking on he can relapse and she could try and step in. Oh and by the way, she is also a recovering addict who is on the methadone program. So she's not in any better of a position to speak. I adopted my son to protect him from being in a situation where he could be bounced around from state to state. The biological mother died of an over-dose. I am the ONLY person who is capable to raise this child without all of that drama that addicts come with. I was trying to do the right thing for this child and it's causing me so much more grief. But he really is worth it :)
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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llworking;812868]I don't see anything missing. Auntie thinks she has more rights than she has because she has a visitation order. She is still hoping that some day she can get custody and that social security check and doesn't want to give up the possibility of that happening. If the child has two legal parents, then her odds of ever succeeding are even slimmer.
there is a lot missing; dad
and I saw no visitation ORDER. I saw reference to a visitation agreement but I didn't even see mention of a court even being involved in that matter.
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The fact that her last attempt at custody got dismissed because CT decided they didn't have jurisdiction because of the adoption, is exactly why Auntie wants the adoption vacated. Auntie isn't considering the fact that she would have lost the case anyway.
even if they had jurisdiction, not only are the adoption and custody two very different issues, aunt would not obtain custody as long as dad is alive and not otherwise precluded from retaining custody.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
The visitation agreement does say "The court shall retain jurisdiction in CT" but that's it. It makes me think they are retaining jurisdiction just on the agreement. They don't say retain jurisdiction over all matters pertaining to the child. There is a line item that states, if the father is absent from the home for any length of time, the custody can be raised by the aunt via a motion to modify. So I guess that's her window for having custody rights?
The UCCJEA is to protect anyone who may have custodial rights. She didn't have that right but had the opportunity to have that right if the situation arose. Can they legally do that? No one can predict the future and give someone rights on what "Might" or "Could" happen.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
The visitation agreement does say "The court shall retain jurisdiction in CT" but that's it. It makes me think they are retaining jurisdiction just on the agreement. They don't say retain jurisdiction over all matters pertaining to the child. There is a line item that states, if the father is absent from the home for any length of time, the custody can be raised by the aunt via a motion to modify. So I guess that's her window for having custody rights?
The UCCJEA is to protect anyone who may have custodial rights. She didn't have that right but had the opportunity to have that right if the situation arose. Can they legally do that? No one can predict the future and give someone rights on what "Might" or "Could" happen.
Yep, that is her window, but that window is gone if you are the child's legal parent as well...and no...one cannot predict the future and give someone rights on what "might" or "could" happen. In this instance, auntie likely be one of several who would have standing to file for custody should dad be out of the picture. Grandparents and other aunts and uncles, on both sides of the family, would have standing.
However, if you are the child's legal mother, the child cannot be taken from YOUR custody by a third party...no matter what happens to dad.
Auntie's lawyer is not explaining the facts of life to Auntie very well.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
The visitation agreement does say "The court shall retain jurisdiction in CT" but that's it. It makes me think they are retaining jurisdiction just on the agreement. They don't say retain jurisdiction over all matters pertaining to the child. There is a line item that states, if the father is absent from the home for any length of time, the custody can be raised by the aunt via a motion to modify. So I guess that's her window for having custody rights?
The UCCJEA is to protect anyone who may have custodial rights. She didn't have that right but had the opportunity to have that right if the situation arose. Can they legally do that? No one can predict the future and give someone rights on what "Might" or "Could" happen.
unless the visitation agreement was signed off on by the court, CT isn't retaining any jurisdiction on anything. It is a an agreement between the parties and until presented to a court to rule on the validity and enforceability of the agreement, it is nothing more than that.
so, was this visitation agreement accepted by an actual court as in has a judges signature on it?
and if so, what predicated the action to have it heard in the courts at all?
and you still fail to state where the father is here. In a step parent adoption, he is as much a party as the person adopting the child. Where is the father?
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llworking
However, if you are the child's legal mother, the child cannot be taken from YOUR custody by a third party...no matter what happens to dad.
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that's the point of annulling the adoption. if annulled, op isn't mom.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Well if she gets my adoption vacated then she still has good standing. But I'm told I don't have to wait to refile for adoption so perhaps she's hoping my husband will relapse in the short window. She's risking a lot for that small chance. My son isn't interested in speaking to them with all the trouble they are causing.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
Well if she gets my adoption vacated then she still has good standing. But I'm told I don't have to wait to refile for adoption so perhaps she's hoping my husband will relapse in the short window. She's risking a lot for that small chance. My son isn't interested in speaking to them with all the trouble they are causing.
Like I said, I do believe that Auntie's attorney isn't explaining the facts of life to her very well.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
how many children does the aunt have?
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Sabbmmc
Well if she gets my adoption vacated then she still has good standing. But I'm told I don't have to wait to refile for adoption so perhaps she's hoping my husband will relapse in the short window. She's risking a lot for that small chance. My son isn't interested in speaking to them with all the trouble they are causing.
husband relapse? from what affliction?
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jk
how many children does the aunt have?
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husband relapse? from what affliction?
She stated previously that he is a recovering drug addict. However the aunt is as well.
From the amount of refund that the Aunt received, I am nearly certain that she is claiming the maximum 3 children for EIC.
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The aunt has two children. Lives with her mother and boyfriend. My husband is recovering addict from pain medication. He developed MRSA in his spine and was put on pain meds back in 2009. He is now managing the pain with meds. The aunt and her boyfriend are recovering heroine addicts. It seems I'm the only one who hasn't had an addiction which is why I'm fighting for this child who deserves to have someone protect him.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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llworking
She stated previously that he is a recovering drug addict. However the aunt is as well.
From the amount of refund that the Aunt received, I am nearly certain that she is claiming the maximum 3 children for EIC.
so, dad has issues
aunt is an interested party (legally) so she has standing
adoption in Florida is about to fall
and for some reason, even though the OP has not stated it, she has implied the courts of CT were involved with this child previously. It could be enlightening if OP would reveal why the CT courts were involved with the child previously.
and maybe my computer is wonky but a word search for "drug" revealed no use of the word anywhere in this thread other than your post.
and per Wikipedia (I am so embarrassed), the only state that had not adopted the UCCJEA as of July 2011 was Mass and they were apparently working on adopting it,.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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jk
so, dad has issues
aunt is an interested party (legally) so she has standing
adoption in Florida is about to fall
and for some reason, even though the OP has not stated it, she has implied the courts of CT were involved with this child previously. It could be enlightening if OP would reveal why the CT courts were involved with the child previously.
and maybe my computer is wonky but a word search for "drug" revealed no use of the word anywhere in this thread other than your post.
See post number 11 and post number 17 for answers to your questions.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Wonder if she claimed some other child in the family since EIC gives quite a bit of money. But you're right, I just looked it up it's $6044 for 3 kids. She waitresses 3 days a week so I highly doubt she put in $4000 but either way, my attorney said that's what her attorney told him. Either way she deserves to waste the money. I spent way more in 2012 flying back and forth to CT with those courts proceedings.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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llworking
See post number 11 and post number 17 for answers to your questions.
post 11:
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I apologize, you're right, I didn't answer the question. Her motives are for a couple of reasons, 1) my son receives social security and it's more money than she makes a month. She's attempted to get this check several times in this whole process 2) she wants to be sure her order stays in tact so that she still gets to be in my son's life and if anything ever happened to my husband, she would probably be able to gain custody. We haven't stopped her from being a part of his life. Even after the adoption, we sent him to CT for Christmas for more than the agreed upon time. But in December she alleged that my son was underweight and malnourished and was able to get the courts to allow her to keep the child in CT until the hearing date. Then the very next business day, she went to Social Security to try and transfer the check to her. We had to fly up to CT and provided the court with physicals and school record showing he was in good health and doing well in school. They also had a GAL appointed who did not see anything wrong with my son. So they denied her motion.
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Because based on the UCCJEA, my son would have to live in FL 6 months before I could file for adoption. I was 22 days shy of 6 months. I did speak to an appellate court attorney and she didn't seem to think I'd win either. But at the same time, they are also trying to sell themselves to gain a client. She basically stated she would have to research further before she could say for sure what she thought.
You're exactly right. In the end she doesn't win and causes more problems with a relationship with us all. It's very sad that she's doing this because my son is old enough to understand her motives.
The father is still here with us. He's a cocky son of a gun. Doesn't worry about much of this because it's his son and no one is going to take his son from him. The real issue is, he is a recovering addict who at anytime can fall off the wagon. He's been doing good for many many years. But I think the aunt is banking on he can relapse and she could try and step in. Oh and by the way, she is also a recovering addict who is on the methadone program. So she's not in any better of a position to speak. I adopted my son to protect him from being in a situation where he could be bounced around from state to state. The biological mother died of an over-dose. I am the ONLY person who is capable to raise this child without all of that drama that addicts come with. I was trying to do the right thing for this child and it's causing me so much more grief. But he really is worth it http://www.expertlaw.com/forums/imag...HpCntQets-.png
what question did post 11 answer?
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
So if the agreement states she can file a motion to modify if something were to happen to my husband, that essentially gives her some kind of custodial right, correct? Yet for an adoption, she's not someone who is required to consent to the adoption based on FL law. And CT adoptions don't require the UCCJEA to apply. So basically it's up to the appellate court to decide if there was a procedural error and if so, the adoption is overturned or just sent back to the lower court. Correct?
Would it matter that the adoption was incorrectly filed to begin with? The date of the adoption is shy of 6 months but the modify date is two months later. The lower court judge ruled that this was one of the bases that he had jurisdiction.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Sabbmmc
So if the agreement states she can file a motion to modify if something were to happen to my husband, that essentially gives her some kind of custodial right, correct? Yet for an adoption, she's not someone who is required to consent to the adoption based on FL law. And CT adoptions don't require the UCCJEA to apply. So basically it's up to the appellate court to decide if there was a procedural error and if so, the adoption is overturned or just sent back to the lower court. Correct?
I believe you are very wrong in your understanding of the laws in play.
and still there has been nothing stating if this visitation agreement is simply a private agreement or a court issued/approved
and if it is court approved, why was there anything in front of the courts to begin with?
you have at it llworking. A dentist I am not.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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jk
so, dad has issues
aunt is an interested party (legally) so she has standing
adoption in Florida is about to fall
and for some reason, even though the OP has not stated it, she has implied the courts of CT were involved with this child previously. It could be enlightening if OP would reveal why the CT courts were involved with the child previously.
and maybe my computer is wonky but a word search for "drug" revealed no use of the word anywhere in this thread other than your post.
and per Wikipedia (I am so embarrassed), the only state that had not adopted the UCCJEA as of July 2011 was Mass and they were apparently working on adopting it,.
I pulled up the adoption paperwork in CT and confirmed with the attorney I hired in Dec. CT does not require you to file the UCCJEA forms in adoptions.
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jk
something makes absolutely no sense here. The step mother, you know, the woman married to the father of the child adopted the child.
even if there was no adoption, aunt would still have to wrest custody of the child from his natural and legal father before ever being able to attempt to gain custody of the child.
where is the father in all of this?
Something really seems to be missing from this story. It makes absolutely no sense as long as the father of the child is alive and not otherwise precluded from retaining custody of his child.
You are absolutely correct. Something the aunt just seems to be missing the boat on. The father is very much alive. She can't stop me from adoption as long as my husband consents. She got lucky in the fact I filed 22 days early to even argue the issue. She's going to spend a bunch of money and miss out on my son's life for something she can never have.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Sabbmmc;812928]I pulled up the adoption paperwork in CT and confirmed with the attorney I hired in Dec. CT does not require you to file the UCCJEA forms in adoptions.
.[/QUOTE]
what? the adoption was in CT?
seriously?
I guess that shoots the argument the child had not lived in Florida long enough to establish residency for these purposes.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
No no...the adoption was in FL. The agreement with the aunt is out of CT. He lived there with his mother before she died and we let him finish the school year before he moved with his dad and myself. The aunt tried to get custody during those few months so because that was his home state, we had to continue fighting her in CT. We finally just made an agreement to be done with it which was a BIG mistake because an aunt wouldn't get any rights. We were arguing in the lower court that CT doesn't require the UCCJEA for adoptions so perhaps we can get FL to waive that requirement. The lower court didn't even acknowledge that since the judge didn't see her as someone who can even raise the issue and my modified adoption was filed after the UCCJEA requirement.
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jk
Sabbmmc;812928]I pulled up the adoption paperwork in CT and confirmed with the attorney I hired in Dec. CT does not require you to file the UCCJEA forms in adoptions.
.
what? the adoption was in CT?
seriously?
I guess that shoots the argument the child had not lived in Florida long enough to establish residency for these purposes.[/QUOTE]
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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I pulled up the adoption paperwork in CT and confirmed with the attorney I hired in Dec. CT does not require you to file the UCCJEA forms in adoptions.
the adoption paperwork refers to what?
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The aunt tried to get custody during those few months so because that was his home state, we had to continue fighting her in
Oh, so there was court activity while the child lived in CT, well before the application to adopt the child in Florida.
did you inform the FLorida court of the visitation order standing in CT?
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Yes I did. I put all the information in the UCCJEA form AND the Notice of Related Cases I filed with the adoption. The UCCJEA form shows the child didn't live in FL for six months and the Notice of Related Cases state that there was a visitation order filed in CT. Judge didn't ask to see the agreement and didn't ask about my son living in FL for how long. Although my husband had custody of my son for more than six months, he didn't physically live here for six months.
The CT adoption paperwork is a joke. Literally a form process. It doesn't ask for anything but the parents name and information and the child's name and information. FL requires so much more information. I wonder if I could have filed in CT, would have been so much easier. :)
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jk
the adoption paperwork refers to what?
Oh, so there was court activity while the child lived in CT, well before the application to adopt the child in Florida.
did you inform the FLorida court of the visitation order standing in CT?
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
presuming you were a CT resident, not only could you have filed in CT, you should have filed in CT. That is why you are having the problems you are now with the challenge of Florida's jurisdiction.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
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Quoting
jk
presuming you were a CT resident, not only could you have filed in CT, you should have filed in CT. That is why you are having the problems you are now with the challenge of Florida's jurisdiction.
No my husband and I are Florida residents.
I moved to Florida in 1998 and my husband moved here in 2011.
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Re: Stepparent Adoption Being Challenged in Appellate Court Due to Jurisdiction
Truly, given the complexity of the facts, our inability to review the history of the litigation in either state, the fact that we have to rely entirely upon you for information, and the fact that you dribble out the relevant facts only when pushed to the wall, it's safe to say that you need to work through your questions with your lawyer. Nothing we say is going to be at all reliable given the manner in which you're approaching this discussion. Even with a solid factual framework, something we cannot reliably obtain from you, it would take hours of legal research to parse out the issues and try to find authority. It's quite a bit more than you can reasonably expect from volunteers in a forum.