My Cousin who gained managing custodial rights to their 3 yr old grandchild through CPS, has Petitioned the court for adoption. The mother of said child is deceased, and the CPS terminated the father's rights with him in agreement with it. They have now thought of changing their minds due to having problems obtaining a good medical insurance for the child if they were to adopt her. As it stands now and as long as they have her (without adopting) she remain covered under a plan by CPS and it will remain in effect until she is 18. Their Court date is Monday and have asked the attorney to postpone it for another day. They are concerened if they do withdraw the petition and later decide to do it, the Judge might not approve it because they withdrew the first petition. I know it is confusing, just hope you can understand what I am saying :) thank you in advance for any suggestions

I work in the legal system.

Yes, the Petition can be withdrawn.

I see two concerns on the part of the Court - these are certainly tough economic times. However, would someone who loves a child not adopt because of the cost of health insurance? What did the Court's financial evaluation of the adopting parents reveal?

I understand the concern, but I don't think withdrawing until insurance is less expensive makes the adopting parents look good.

But, yes, they can withdraw.

Well I am not sure of what they reported to the court, though they are definitely upper middle class, but on a fixed income. The only insurance available here in Texas for adopted grandchildren is not any good, thus they are afraid of (God Forbid) a major illness or something catastrophic happening and it will wipe them out financially. They are both in their 70's. They love her, or else they would have let CPS foster her out, as her mom was dead and Dad was in prison. Mom and dad both have/had mental issues so they are unsure if the little girl might need treatment and meds at a later date. Thanks for your help

If they adopt, she will not be a grandchild anymore, but a child, and should be covered under their insurance EXACTLY the same as any other child they might have.

I think either someone in insurance is trying to sucker them, or they're having second thoughts for other reasons. Either that---or the insurance is high because they are in their 70s, not because the child is their grandchild.

Either way, if they want to raise the child as their own then they should adopt her. The state should not have to foot the bill for the child if there are relatives to do so.

I also think that the father's rights probably would not have been terminated if the child were not about to be adopted. Most places will not allow parents to terminate rights unless the child is being adopted.

I think they should consult their lawyer to find out how best to proceed at this point.

I'm concerned for the child -

If they adopt, she will not be a grandchild anymore, but a child, and should be covered under their insurance EXACTLY the same as any other child they might have.

I think either someone in insurance is trying to sucker them, or they're having second thoughts for other reasons. Either that---or the insurance is high because they are in their 70s, not because the child is their grandchild.

Either way, if they want to raise the child as their own then they should adopt her. The state should not have to foot the bill for the child if there are relatives to do so.

I also think that the father's rights probably would not have been terminated if the child were not about to be adopted. Most places will not allow parents to terminate rights unless the child is being adopted.

I think they should consult their lawyer to find out how best to proceed at this point.

Where I disagree about the " State having to foot the bill, we allow Illegal Aliens that come into our country and we "foot" the bill for all of them. Father's rights were terminated prior to them thinking of the adoption by CPS. I appreciate your advice though. Thank you

I'm concerned for the child -

They spoil her :) it was just a question they were pondering is all. She is well loved and provided for. Thank you for caring about her ;) You are sweet!

There are plenty of options out there. One of them being the "chip" program. There may also be other alternitivees open to them because of age.

Health Care Coverage for Texas Children (http://www.tdi.texas.gov/pubs/consumer/cb071.html)

Thank you so much!

To answer the question, OP is mixing apples and bananas.

Asking the court to postpone the hearing is one thing.

Withdrawing the petition is quite another thing.

I specifically addressed withdrawing and perhaps refiling. I did not address postponing.

They are trying to postpone while they weigh out their options and one of them is to Withdraw, so sorry but their was no apples or oranges at all. Thank you for your input

I specifically addressed withdrawing and perhaps refiling. I did not address postponing.

You are right Judy and that's exactly how I took your advice :) thanks

Thanks - please come back and let us know. It's unfortunate that the economy is such that money (or lack thereof) has to enter into adoption when people love a child.


Anyway, lucky child to have stability and loving family.

I specifically addressed withdrawing and perhaps refiling. I did not address postponing.

But the OP did:


... Their Court date is Monday and have asked the attorney to postpone it for another day.. .