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-   -   2 birthparents, a guardian, and adoptive parents (https://www.askmehelpdesk.com/showthread.php?t=519975)

  • Oct 24, 2010, 07:45 PM
    sunnytune
    2 birthparents, a guardian, and adoptive parents
    Here is scenario: Elderly relative has guardianship, have been raising 5 year-old for the last 3 years, convinces birthparents who are in and out of jail that adoption is best long-term plan for child, finds those parents (in this case, family friends), and birthparents relinquish, does the guardian from that moment -- of relinquishment -- lose her guardianship rights, or are they also in that 6-month "suspended state" similar to the birthparents custody rights. Guardian in question wants to make sure that if adoption didn't work out, which is unlikely but always a possibility, child would be returned to her. Child has not been a CPS case.
  • Oct 24, 2010, 07:47 PM
    sunnytune
    By the way, when I say 6-month "suspended state" I'm talking about supervision period, before adoption becomes final.
  • Oct 24, 2010, 08:04 PM
    ITstudent2006

    Not sure if this helps but before I was adopted my guardian was my Grandparents. (my parent sin and out of jail etc.. ) since being adopted I got new Guardians. Not sure of the legal situation but to me I got new guardians.

    This probably doesn't help because legally I don't know what happened but on a personal level my guardians were dropped as soon as I was adopted and I got new ones.

    Rick
  • Oct 24, 2010, 10:53 PM
    Synnen

    Generally, NO.

    I'm assuming this is a private adoption?

    The guardian doesn't have the right to change her mind. Period. Even the birthparents don't generally get 6 months in most states. There is a VERY small window of time where birthparents can change their minds most places.

    However, if the adoption falls through (adoptive parents don't make it through the probationary period, for whatever reason), the child becomes a ward of the state. The guardian can then reapply for guardianship, but it would be completely up to the state whether that would happen.

    However, I would consult with your attorney (which you should have if you are going through a private adoption) to be sure on this.
  • Oct 26, 2010, 09:27 PM
    sunnytune
    Thanks for the answers, everybody. Btw, I'm not worried that guardian would have the right to have child back (in the very rare case that adoption didn't go through) but supporiting it.

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